Renewed efforts underway to allow ARNPs and PAs to prescribe controlled substances

A blue door with two small holes in it.

There’s another effort afoot in Tallahassee to allow Physician Assistants (PA) and Advanced Registered Nurse Practitioners (ARNP) to write prescriptions.

Rep. Cary Pigman, a Republican from Avon Park, has filed a bill (HB 423) that would allow these practitioners to prescribe controlled substances without the direct supervision of a physician, something they are prohibited from doing now.

The bill, filed late last month, would: “Expand categories of persons who may prescribe brand drugs under prescription drug program when medically necessary; exempts controlled substances prescribed by ARNP or physician assistant from disqualifications for certification or licensure as deputy or state pilot; applies certain existing penalties to ARNPs; requires ARNPs & physician assistants who prescribe controlled substances to make certain designation, comply with registration requirements, & follow specified standards of practice; redefines term “practitioner” to include ARNPs & physician assistants under Florida Comprehensive Drug Abuse Prevention & Control Act.â€

Senator Denise Grimsley, a Republican from Seabring, has filed a similar bill that would allow ARNPs to prescribe controlled substances (SB 152). However, unlike Pigman’s bill they would not be able to practice and prescribe independently of a physician.

Her bill reads: “Revising the authority of a licensed physician assistant to order medication under the direction of a supervisory physician for a specified patient; authorizing an advanced registered nurse practitioner to order medication for administration to a specified patient; authorizing a licensed practitioner to authorize a licensed physician assistant or advanced registered nurse practitioner to order controlled substances for a specified patient under certain circumstances, etc. “

This is not the first time that Rep. Pigman, an emergency medicine physician himself, has attempted to give PAs and ARNPs prescribing rights. During last year’s legislative session his bill overwhelmingly passed the Florida House before it died in the Senate because it was not put on the agenda in committee.

Rep. Pigman has said expansion of prescribing rights is needed, especially in rural areas where poor people face “incredible barriers†to healthcare. This is particularly a problem in areas underserved by primary care physicians. However, the Florida Medical Association has opposed such a bill by arguing that it would be unsafe because it would allow ARNPs and PAs to practice unsupervised by physicians. The regular 2016 Legislative session begins on January 12.

It will be interesting to see how far the legislation makes it this session. We will continue to keep on top of it.

The Health Law Offices of Anthony C. Vitale routinely counsels clients on scope of licensure and scope of practice issues. If you have any questions, please give us a call.

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