Florida Telehealth Regulations and Laws
Telehealth Regulations in Florida
Most states have regulatory provisions governing the provision of telemedicine services. This article provides clarity on Florida’s laws and regulations regarding key requirements for providing telehealth services including: standard of care, online prescribing, establishing the practitioner-patient relationship, informed consent, patient identification requirements, and requirements for medical records. This article also provides information on cross-state licensing and payment parity laws.
If you are looking for more information related to Florida’s laws and rules on telehealth, you can review items such as the state medical board’s regulations, applicable health insurance codes (for reimbursement, payer information, etc.), and Medicaid laws.
Standard of Care
A telehealth provider has the duty to practice in a manner consistent with his or her scope of practice and the prevailing professional standard of practice for a healthcare practitioner who provides in-person healthcare services to patients in this state.
If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the provider is not required to research a patient’s medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.
Are There Online Prescription Restrictions?
Florida does not have any laws or regulations specific to prescribing non controlled substances via telehealth. Although, in most cases, providers working through telecommunication platforms generally cannot prescribe controlled substances, there are certain situations in which a provider may prescribe controlled substances.
In April 2022, Florida Gov. Ron DeSantis signed a bill (SB 312) into law (effective July 1, 2022) providing guidance to healthcare professionals related to prescribing Schedule II controlled substances. Specifically, the law states that a provider may not use telehealth to prescribe a Schedule II drug unless it is prescribed for the following:
The treatment of a psychiatric disorder
Inpatient treatment at a hospital licensed under chapter 20 395
The treatment of a patient receiving hospice services as defined in s. 400.601
The treatment of a resident of a nursing home facility s. 400.021
Informed Patient Consent
Florida does not specify any particular conditions or requirements for informed patient consent around telehealth visits.
Florida does not specify any particular requirements for how a provider should verify patient identification before treating a patient through the use of telehealth.
A telehealth provider shall document in the patient’s medical record the healthcare services rendered using telehealth according to the same standard as used for in-person services. Medical records generated as a result of providing such services are confidential.
Cross-State Medicine Licensing
Florida is a member of the Nurse Licensure Compact (NLC). The NLC allows nurses to practice in other NLC states without having to obtain additional licenses.
Payment Parity Laws
There is no payment parity law for telehealth administered in Florida. Florida telehealth providers and insurance providers engage in voluntary contracts, but providers must initial any price difference between in-person and remote care.
What Types of Providers Are Allowed to Offer Telehealth Services in Florida?
In Florida, the health care providers allowed to offer telehealth services include:
Mental health professionals
Behavioral health service professionals
Clinical social workers
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