House Bill 1855c1

    Florida House of Representatives - 1998             CS/HB 1855

        By the Committee on Health Care Standards & Regulatory
    Reform and Representatives Flanagan and Maygarden





  1                      A bill to be entitled

  2         An act relating to medical practice; providing

  3         legislative intent; creating the Task Force on

  4         Telemedicine; providing for appointment of

  5         members; providing for administrative support

  6         by the Department of Health; providing duties;

  7         requiring a report; providing for termination;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Task Force on Telemedicine.--

13         (1)  Because telecommunications technology has made it

14  possible to provide a wide range of health care services

15  across state lines between physicians and patients, it is the

16  intent of the Legislature to protect the health and safety of

17  all patients in this state receiving services by means of such

18  technology and to ensure the accountability of the medical

19  profession with respect to unsafe and incompetent

20  practitioners using such technology to provide health care

21  services to patients in this state.

22         (2)(a)  There is created the Task Force on

23  Telemedicine, consisting of nine persons appointed by the

24  Secretary of Health as follows:

25         1.  A representative of physicians licensed under

26  chapter 458, Florida Statutes.

27         2.  A representative of osteopathic physicians licensed

28  under chapter 459, Florida Statutes.

29         3.  A representative of the hospital industry.

30         4.  A representative of the managed health care

31  industry.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 1855

    601-139-98






  1         5.  A representative of a self-insured entity that is

  2  engaged in telemedicine.

  3         6.  A representative of a medical school or an expert

  4  in telemedicine.

  5         7.  A representative of the nursing home industry.

  6         8.  A representative of pharmacists licensed under

  7  chapter 465, Florida Statutes.

  8         9.  A representative of a multistate group practice

  9  engaged in the practice of telemedicine.

10         (b)  The members of the task force shall be appointed

11  by June 1, 1998. The Department of Health shall provide funds

12  for travel expenses and staff support, research, and data

13  retrieval and analysis services, as requested by the task

14  force to fulfill its duties.

15         (3)  In consultation with the Office of the Secretary

16  of the United States Department of Health and Human Services,

17  the task force shall address the following:

18         (a)  Identification of various electronic

19  communications or telecommunications technologies currently

20  used within the state and by other states to provide medical

21  information.

22         (b)  Identification of laws, regulations, and

23  reimbursement practices that serve as barriers to

24  implementation of electronic communications related to medical

25  care.

26         (c)  Recommendation of the appropriate level of

27  regulation of health care professionals necessary to protect

28  the health and safety of patients in this state, including

29  analysis of existing provisions governing in-state

30  professionals such as licensing, financial responsibility, and

31  medical malpractice insurance requirements.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 1855

    601-139-98






  1         (d)  Potential preemption of state regulation by the

  2  Commerce Clause of the United States Constitution.

  3         (e)  Potential discrimination against an area of

  4  medical specialty or against health care professionals of

  5  other states or countries imposed by such regulation.

  6         (f)  Potential antitrust concerns.

  7         (g)  The effect of reciprocity actions by other states

  8  on health care professionals in this state who provide

  9  consultative services through telemedicine to entities and

10  patients outside this state.

11         (4)  The task force shall submit a report of its

12  findings and recommendations by January 1, 1999, to the

13  Governor, the President of the Senate, and the Speaker of the

14  House of Representatives, and is terminated upon submission of

15  the report.

16         Section 2.  This act shall take effect upon becoming a

17  law.

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