Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1646 Ì507782?Î507782 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (Garcia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 99 - 246 4 and insert: 5 (12) “Telemedicine provider” means a physician or physician 6 assistant licensed under chapter 458 or chapter 459, an advanced 7 registered nurse practitioner licensed under chapter 464, or a 8 pharmacist licensed under chapter 465 who provides telemedicine 9 services. 10 Section 3. Section 456.4503, Florida Statutes, is created 11 to read: 12 456.4503 Telemedicine requirements.— 13 (1) An out-of-state physician, physician assistant, 14 advanced registered nurse practitioner, or pharmacist who 15 provides telemedicine across state lines to a patient physically 16 located in this state must have a Florida license to practice as 17 provided under chapter 458, chapter 459, chapter 464, or chapter 18 465. 19 (2) An out-of-state physician, physician assistant, 20 advanced registered nurse practitioner, or pharmacist is exempt 21 from subsection (1) if: 22 (a) The out-of-state physician, physician assistant, 23 advanced registered nurse practitioner, or pharmacist is 24 consulting with a telemedicine provider licensed to practice in 25 this state; and 26 (b) The telemedicine provider licensed in this state 27 retains ultimate authority and responsibility for the diagnosis, 28 treatment, and care of the patient located within this state. 29 (3) Consultations that occur on an emergency basis and that 30 are conducted via telemedicine are exempt from subsection (1). 31 The terms “emergency services and care” and “emergency medical 32 condition” have the same meanings as provided in s. 395.002. 33 (4) A health care provider or patient presenter acting 34 under the direction and supervision of a telemedicine provider 35 through the use of telemedicine may not be interpreted as 36 practicing without a license. However, the health care provider 37 must be trained in, educated on, and knowledgeable about the 38 procedure and technology and may not perform duties for which he 39 or she does not have sufficient training, education, and 40 knowledge. Failure to have adequate training, education, and 41 knowledge is grounds for disciplinary action by the appropriate 42 board, or the department if there is no board, or the affiliated 43 regulatory entity for affiliated providers. 44 (5) Upon license renewal, a physician, physician assistant, 45 advanced registered nurse practitioner, or pharmacist practicing 46 telemedicine shall: 47 (a) Designate himself or herself as a telemedicine provider 48 on the practitioner profile; and 49 (b) Submit proof of successful completion of a course and 50 subsequent examination, approved by the board, on the standards 51 of practice in telemedicine. The course must consist of 2 web 52 based contact hours. The first course and examination must be 53 offered by July 1, 2014, and shall be conducted at least 54 annually thereafter. The course and examination shall be 55 developed and offered by a statewide professional association 56 accredited to provide educational activities as designated by 57 the board. The board shall review and approve the content of the 58 initial course and examination if the board determines that the 59 course and examination adequately and reliably satisfy the 60 criteria set forth in this section. Annually thereafter, the 61 board shall review the course and examination and, if the board 62 determines that the content continues to adequately and reliably 63 satisfy the criteria set forth in this section, approve them. 64 Successful completion of the board-approved course and 65 examination may be used to satisfy 2 hours of continuing 66 education requirements for the biennial period during which the 67 board-approved course and examination are taken. A physician, 68 physician assistant, advanced registered nurse practitioner, or 69 pharmacist who does not complete a board-approved course and 70 examination under this section may not provide telemedicine 71 services. 72 (6) Venue for a civil or administrative action initiated by 73 the telemedicine recipient, the department, or the appropriate 74 board shall be based on the location of the patient or shall be 75 in Leon County. 76 (7) The boards may adopt rules to administer the 77 requirements of this act and must repeal rules that are 78 inconsistent with this act, including rules that prohibit the 79 use of telemedicine in this state. The appropriate board may 80 also develop standards and adopt rules relating to requirements 81 for patient presenters. Such rules may not require the use of 82 patient presenters in telemedicine services if special skills or 83 training is not needed for a patient to participate in the 84 encounter. 85 Section 4. Section 456.4504, Florida Statutes, is created 86 to read: 87 456.4504 Telemedicine standards.— 88 (1) The standard of care as provided in s. 766.102 is the 89 same regardless of whether the physician, physician assistant, 90 advanced registered nurse practitioner, or pharmacist provides 91 health care services in person or by telemedicine. The 92 applicable board may adopt rules specifically related to the 93 standard of care for telemedicine. 94 (2) A telemedicine provider providing telemedicine services 95 under this act is responsible for the quality of the equipment 96 and technology employed and for its safe use. Telemedicine 97 equipment and advanced communications technology must, at a 98 minimum, be able to provide the same information to the 99 telemedicine provider as the information that would be obtained 100 in an in-person encounter with a health care provider and must 101 enable the telemedicine provider to meet or exceed the 102 prevailing standard of care for the practice of the profession. 103 (3) The telemedicine provider is not required to conduct a 104 patient history or physical examination of the patient before 105 engaging in a telemedicine encounter if the telemedicine 106 provider conducts a patient evaluation sufficient to meet the 107 prevailing standard of care for the services provided. 108 (4) Before each telemedicine encounter, the identification 109 and location of the telemedicine provider and all other 110 individuals present via advanced communications technology who 111 will view the patient or the patient’s information must be 112 identified to the patient. 113 (5) For the purposes of this act, the nonemergency 114 prescribing of a legend drug based solely on an electronic 115 questionnaire without a visual examination is considered a 116 failure to practice with the level of care, skill, and treatment 117 which is recognized by a reasonably prudent physician, physician 118 assistant, advanced registered nurse practitioner, or pharmacist 119 and is not authorized under this act. 120 121 ================= T I T L E A M E N D M E N T ================ 122 And the title is amended as follows: 123 Delete lines 5 - 12 124 and insert: 125 s. 456.4503, F.S.; requiring specified practitioners 126 providing telemedicine services to patients in this 127 state to be licensed in this state; requiring 128 pertinent records to be made available upon request; 129 providing certain exceptions for emergency services 130 and consultations; requiring other health care 131 providers to be supervised by a telemedicine provider; 132 providing continuing education requirements