Does New Legislation Affect Pharmacists?

When Florida’s 2016 legislative session gave the authority to advanced registered nurse practitioners (ARNPs) and physician assistants (PAs) to prescribe controlled substances, how does this now affect the licensed Florida pharmacists? As always, Soreide Law Group reminds all Florida licensed professionals to check with the proper authorities for the new and changing laws.

After ARNPs and PAs were first granted prescribing authority, pharmacists had been concerned that when they received prescriptions from PAs or ARNPs that they would not know whether the supervising physician had allowed the prescription. In 2004, legislation was passed that allowed the pharmacies and pharmacists to presume that ARNP and PA prescriptions were valid however, it excluded controlled substances. At that time, ARNPs and PAs lacked controlled substance prescribing privileges. This law was not amended during the 2016 legislative session to address controlled substance prescriptions. So, while a pharmacy or pharmacist may legally presume that prescriptions written by ARNPs and PAs are valid if the medications are not controlled substances, they may not legally presume that controlled substance prescriptions written by ARNPs and PAs are valid. A pharmacy may wish to confirm that a PA or ARNP has a protocol with the prescribing physician and the ARNP has the required educational training before filling controlled substance prescriptions. Pharmacies and pharmacists should also confirm that an ARNP is a psychiatric nurse for those mental health and psychiatric drug prescriptions that only such an ARNP may prescribe. Hopefully, the Legislature will address this gap in the law in a future session.

Things addressed were:

Both ARNPs and PAs (PA authority begins January 1, 2017) now have prescribing authority for drugs listed as controlled substances under Florida law and will now need mid-level practitioner DEA registrations.

Neither PAs nor ARNPS can prescribe more than a 7-day supply of a Schedule II controlled substance, except an ARNP who is a psychiatric nurse may prescribe more than a 7-day supply of a Schedule II controlled substance that is a mental health drug.

PAs and ARNPs who are not psychiatric nurses may not prescribe psychiatric mental health controlled substances for children younger than 18 years of age.

A pharmacist may wish to confirm that an ARNP is a psychiatric nurse if the prescription is for a psychiatric mental health controlled substance and it is for a child or the drug is a Schedule II drug for more than a 7-day supply.

A pharmacist may wish to confirm that a PA or ARNP has a protocol allowing the prescribing of controlled substances before dispensing Florida controlled substance prescriptions.

A pharmacist may wish to confirm that an ARNP is a psychiatric nurse if the prescription is for a psychiatric mental health controlled substance and it is for a child or the drug is a Schedule II drug for more than a 7-day supply.

Remember, your license is your livelihood.  Always remember to stay current with the ever changing policies of your profession. 

The Soreide Law Group will represent those individuals seeking admittance to the Florida Board of Pharmacy. We also represent those pharmacists brought in front of the Florida Board of Pharmacy in disciplinary hearings. To speak to a lawyer regarding these issues please call: (888) 760-6552.