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Changes to Physician Assistant Statutes in Florida

Client Alert

In the last year, there have been many changes to the scope of practice and collaboration/supervision requirements for advanced practice providers such as APRNs and physician assistants in the state of Florida.  In a previous Client Alert we discussed House Bill 607, which expanded the autonomous practice of APRNs providing primary care services in Florida.

This Client Alert focuses on Florida House Bill 431 (the “Bill”), which went into effect on July 1, 2021 and amended Florida Statutes 458.347 and 459.022. The Bill essentially gives Florida PAs more autonomy in certain aspects of their practice, and changes the number of PAs that physicians are permitted to supervise from four (4) to ten (10).

The Florida Board of Medicine published the comprehensive list of all of the changes made, and among those, PAs are no longer required to notify patients that they have the right to see a physician before prescribing or dispensing prescriptions, and they are able to authenticate any document that may also be authenticated by physicians, with the exception of physician certifications (which includes, but is not limited to, death certificates, school physical exams, and medical examinations for workers’ compensation claims).

Additionally, PAs are no longer required to notify the Department of Health in writing when any changes are made to their supervising physician or within thirty (30) days of employment, and are permitted to supervise medical assistants.

As for changes in prescribing, PAs no longer need to include a prescribing number on prescriptions, but instead must include their name, address, and phone number, along with the name of each of their supervising physicians. Additionally, a formulary that lists prescriptions PAs are not allowed to prescribe will be published, and PAs can now prescribe 14-day supplies of Schedule II psychotropic drugs to minors, provided they are supervised by a pediatrician, family practice physician, internal medicine physician, or psychiatrist.

The Board of Medicine also noted the following changes from the Bill:

  • Amends provisions related to program approval for the education and training of PAs and allows trainees to perform medical services rendered within the scope of an approved program;
  • Amends the licensure requirements for PAs based on the date a PA graduated from an approved program as defined in the bill by specifying which PA education and training programs are approved for PA licensure;
  • Authorizes a PA to satisfy the continuing education requirement on controlled substance prescribing through a designated course; and
  • Removes the requirement that PA licensure applicants seeking prescribing authority provide course transcripts.

If you have any questions about any of the specific changes or additions to Florida Statutes 458.347 and 459.022, and how they are applicable to you and your practice, please contact Amanda Waesch at alwaesch@bmdllc.com.


Starting an Advanced Practice Provider Practice

Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.

FTC Increases Targeting of Companies Lacking Cyber Protection

The Federal Trade Commission (FTC) recently released a comprehensive cybersecurity report outlining key findings and recommendations based on emerging threats, trends in data breaches, and strategies for businesses to enhance their cybersecurity posture observed over the last year.

New Federal Medical Conscience Rule and Its Implications

The Department of Health and Human Services Office for Civil Rights issued a Final Rule to clarify protections for healthcare providers who refuse services based on religious or moral beliefs. This includes protection against discrimination for refusing procedures like assisted suicide or abortion. The OCR can receive complaints, conduct investigations, and enforce these protections. Entities are encouraged to update policies accordingly and display a model notice provided by the OCR.

Marijuana Reclassification and APRN/PA Prescribing

Marijuana is expected to be reclassified by the Drug Enforcement Administration (DEA) from a Schedule I controlled substance to a Schedule III controlled substance as a result of efforts by the Biden administration.

Federal Trade Commission Voids Non-Compete Agreements Nationwide

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) issued its Final Rule containing regulations impacting non-compete agreements across the country for all employees. The Final Rule implements some of the most impactful changes to employment law during this century. The Final Rule will take effect 120 days from its publication in the Federal Register, which we expect to occur within the next few weeks.