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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.


Latest Batch of Ohio Chemical Dependency Professionals Board Rules: What Providers Should Know

The Ohio Chemical Dependency Professionals Board recently released several new rules and proposed amendments to existing rules over the past few months. A hearing for the new rules was held on February 16, 2024, but the Board has not yet finalized them.

Now in Effect: DOL Final Rule on Classification of Independent Contractors

Effective March 11, 2024, the U.S. Department of Labor (DOL) has adopted a new standard for the classification of employees versus independent contractors — a much anticipated update since the DOL issued its Final Rule on January 9, 2024, as previously discussed by BMD.  In brief, the Fair Labor Standards Act (FLSA) creates significant protections for workers related to minimum wage, overtime pay, and record-keeping requirements. That said, such protection only exists for employees. This can incentivize entities to classify workers as independent contractors; however, misclassification is risky and can be costly.

Florida's Recent Ruling on Arbitration Clauses

Florida’s recent ruling on arbitration clauses provides a crucial distinction in determining whether such clauses are void as against public policy and providers may have the opportunity to include arbitration clauses in their patient consent forms. On March 6, 2024, Florida’s Fourth District Court of Appeals reversed and remanded Florida’s Fifteenth Circuit Court ruling of Piero Palacios v. Sharnice Lawson. The Court of Appeals ruled that the parties’ arbitration agreement did not contradict the Legislature’s intent of Florida’s Medical Malpractice Act (the “MMA”), but rather reflects the parties’ choice to arbitrate claims entirely outside of the MMA’s framework. Therefore, the Court found that the agreement was not void as against public policy.

Corporate Transparency Act Update 3/14/24

On March 1, 2024, a federal district court in the Northern District of Alabama concluded that the Corporate Transparency Act (“CTA”) exceeded Congressional powers and enjoined the Department of the Treasury from enforcing the CTA against the plaintiffs. National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.). On March 11, 2024, the U.S. Department of Justice appealed the district court’s decision to the Eleventh Circuit Court of Appeals.

The Ohio State University Launches Its Accelerated Bachelor of Science in Nursing Program

In response to Ohio’s nursing shortage, The Ohio State University College of Nursing is accepting applications for its new Accelerated Bachelor of Science in Nursing program (aBSN). Created for students with a bachelor’s degree in non-nursing fields, the aBSN allows such students to obtain their nursing degree within 18 months. All aBSN students will participate in high-quality coursework and gain valuable clinical experience. Upon completion of the program, graduates will be eligible to take the State Board, National Council of Licensure Exam for Registered Nursing (NCLEX-RN).