Florida Senate - 2019 CS for SB 1526 By the Committee on Appropriations; and Senator Harrell 576-04600-19 20191526c1 1 A bill to be entitled 2 An act relating to telehealth; creating s. 456.47, 3 F.S.; defining terms; establishing standards of 4 practice for telehealth providers; authorizing 5 telehealth providers to use telehealth to perform 6 patient evaluations; authorizing certain telehealth 7 providers to use telehealth to prescribe certain 8 controlled substances under specified circumstances; 9 providing that a nonphysician telehealth provider 10 using telehealth and acting within his or her relevant 11 scope of practice is not deemed to be practicing 12 medicine without a license; providing recordkeeping 13 requirements for telehealth providers; providing 14 registration requirements for out-of-state telehealth 15 providers; requiring the Department of Health to 16 publish certain information on its website; 17 authorizing a board, or the department if there is no 18 board, to take disciplinary action against a 19 telehealth provider under certain circumstances; 20 providing venue; providing exemptions from telehealth 21 registration requirements; authorizing the applicable 22 board, or the department if there is no board, to 23 adopt rules; creating s. 627.42396, F.S.; prohibiting 24 a contract between a certain health insurer and a 25 telehealth provider from requiring the telehealth 26 provider to be reimbursed at lesser amount than if the 27 service were provided in person; amending s. 641.31, 28 F.S.; prohibiting a contract between a certain health 29 maintenance organization and a telehealth provider 30 from requiring the telehealth provider to be 31 reimbursed at lesser amount than if the service were 32 provided in-person; requiring the department to 33 annually review the amount of certain collected fees 34 and make a determination relating to the sufficiency 35 of funding to implement specified telehealth 36 provisions; upon making a certain determination, 37 requiring the department to indicate insufficient 38 funding and recommend fee adjustments in its annual 39 legislative budget request; providing an 40 appropriation; authorizing positions; providing 41 effective dates. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 456.47, Florida Statutes, is created to 46 read: 47 456.47 Use of telehealth to provide services.— 48 (1) DEFINITIONS.—As used in this section, the term: 49 (a) “Telehealth” means the use of synchronous or 50 asynchronous telecommunications technology by a telehealth 51 provider to provide health care services, including, but not 52 limited to, assessment, diagnosis, consultation, treatment, and 53 monitoring of a patient; transfer of medical data; patient and 54 professional health-related education; public health services; 55 and health administration. The term does not include audio-only 56 telephone calls, e-mail messages, or facsimile transmissions. 57 (b) “Telehealth provider” means any individual who provides 58 health care and related services using telehealth and who is 59 licensed or certified under s. 393.17; part III of chapter 401; 60 chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; 61 chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; 62 part I, part III, part IV, part V, part X, part XIII, or part 63 XIV of chapter 468; chapter 478; chapter 480; part II or part 64 III of chapter 483; chapter 484; chapter 486; chapter 490; or 65 chapter 491; who is licensed under a multi-state health care 66 licensure compact of which Florida is a member state; or who is 67 registered under and complies with subsection (4). 68 (2) PRACTICE STANDARDS.— 69 (a) A telehealth provider has the duty to practice in a 70 manner consistent with his or her scope of practice and the 71 prevailing professional standard of practice for a health care 72 professional who provides in-person health care services to 73 patients in this state. 74 (b) A telehealth provider may use telehealth to perform a 75 patient evaluation. If a telehealth provider conducts a patient 76 evaluation sufficient to diagnose and treat the patient, the 77 telehealth provider is not required to research a patient’s 78 medical history or conduct a physical examination of the patient 79 before using telehealth to provide health care services to the 80 patient. 81 (c) A telehealth provider may not use telehealth to 82 prescribe a controlled substance unless the controlled substance 83 is prescribed for the following: 84 1. The treatment of a psychiatric disorder; 85 2. Inpatient treatment at a hospital licensed under chapter 86 395; 87 3. The treatment of a patient receiving hospice services as 88 defined in s. 400.601; or 89 4. The treatment of a resident of a nursing home facility 90 as defined in s. 400.021. 91 (d) A telehealth provider and a patient may be in separate 92 locations when telehealth is used to provide health care 93 services to a patient. 94 (e) A nonphysician telehealth provider using telehealth and 95 acting within his or her relevant scope of practice, as 96 established by Florida law or rule, is not in violation of s. 97 458.327(1)(a) or s. 459.013(1)(a). 98 (3) RECORDS.—A telehealth provider shall document in the 99 patient’s medical record the health care services rendered using 100 telehealth according to the same standard as used for in-person 101 services. Medical records, including video, audio, electronic, 102 or other records generated as a result of providing such 103 services, are confidential pursuant to ss. 395.3025(4) and 104 456.057. 105 (4) REGISTRATION OF OUT-OF-STATE TELEHEALTH PROVIDERS.— 106 (a) A health care professional not licensed in this state 107 may provide health care services to a patient located in this 108 state using telehealth if the health care professional registers 109 with the applicable board, or the department if there is no 110 board, and provides health care services within the applicable 111 scope of practice established by Florida law or rule. 112 (b) The board, or the department if there is no board, 113 shall register a health care professional not licensed in this 114 state as a telehealth provider if the health care professional: 115 1. Completes an application in the format prescribed by the 116 department; 117 2. Is licensed with an active, unencumbered license that is 118 issued by another state, the District of Columbia, or a 119 possession or territory of the United States and that is 120 substantially similar to a license issued to a Florida-licensed 121 provider specified in paragraph (1)(b); 122 3. Has not been the subject of disciplinary action relating 123 to his or her license during the 5-year period immediately prior 124 to the submission of the application; 125 4. Designates a duly appointed registered agent for service 126 of process in this state on a form prescribed by the department; 127 and 128 5. Demonstrates to the board, or the department if there is 129 no board, that he or she is in compliance with paragraph (e). 130 131 The department shall use the National Practitioner Data Bank to 132 verify the information submitted under this paragraph, as 133 applicable. 134 (c) The website of a telehealth provider registered under 135 paragraph (b) must prominently display a hyperlink to the 136 department’s website containing information required under 137 paragraph (h). 138 (d) A health care professional may not register under this 139 subsection if his or her license to provide health care services 140 is subject to a pending disciplinary investigation or action, or 141 has been revoked in any state or jurisdiction. A health care 142 professional registered under this subsection must notify the 143 appropriate board, or the department if there is no board, of 144 restrictions placed on his or her license to practice, or any 145 disciplinary action taken or pending against him or her, in any 146 state or jurisdiction. The notification must be provided within 147 5 business days after the restriction is placed or disciplinary 148 action is initiated or taken. 149 (e) A provider registered under this subsection shall 150 maintain professional liability coverage or financial 151 responsibility, that includes coverage or financial 152 responsibility for telehealth services provided to patients not 153 located in the provider’s home state, in an amount equal to or 154 greater than the requirements for a licensed practitioner under 155 s. 456.048, s. 458.320, or s. 459.0085, as applicable. 156 (f) A health care professional registered under this 157 subsection may not open an office in this state and may not 158 provide in-person health care services to patients located in 159 this state. 160 (g) A pharmacist registered under this subsection may only 161 use a pharmacy permitted under chapter 465, a nonresident 162 pharmacy registered under s. 465.0156, or a nonresident pharmacy 163 or outsourcing facility holding an active permit pursuant to s. 164 465.0158 to dispense medicinal drugs to patients located in this 165 state. 166 (h) The department shall publish on its website a list of 167 all registrants and include, to the extent applicable, each 168 registrant’s: 169 1. Name. 170 2. Health care occupation. 171 3. Completed health care training and education, including 172 completion dates and any certificates or degrees obtained. 173 4. Out-of-state health care license with the license 174 number. 175 5. Florida telehealth provider registration number. 176 6. Specialty. 177 7. Board certification. 178 8. Five-year disciplinary history, including sanctions and 179 board actions. 180 9. Medical malpractice insurance provider and policy 181 limits, including whether the policy covers claims that arise in 182 this state. 183 10. The name and address of the registered agent designated 184 for service of process in this state. 185 (i) The board, or the department if there is no board, may 186 take disciplinary action against an out-of-state telehealth 187 provider registered under this subsection if the registrant: 188 1. Fails to notify the applicable board, or the department 189 if there is no board, of any adverse actions taken against his 190 or her license as required under paragraph (d). 191 2. Has restrictions placed on or disciplinary action taken 192 against his or her license in any state or jurisdiction. 193 3. Violates any of the requirements of this section. 194 4. Commits any act that constitutes grounds for 195 disciplinary action under s. 456.072(1) or the applicable 196 practice act for Florida-licensed providers. 197 198 Disciplinary action taken by a board, or the department if there 199 is no board, under this paragraph may include suspension or 200 revocation of the provider’s registration or the issuance of a 201 reprimand or letter of concern. A suspension may be accompanied 202 by a corrective action plan as determined by the board, or the 203 department if there is no board, the completion of which may 204 lead to the suspended registration being reinstated according to 205 rules adopted by the board, or the department if there is no 206 board. 207 (5) VENUE.—For the purposes of this section, any act that 208 constitutes the delivery of health care services is deemed to 209 occur at the place where the patient is located at the time the 210 act is performed or in the patient’s county of residence. Venue 211 for a civil or administrative action initiated by the 212 department, the appropriate board, or a patient who receives 213 telehealth services from an out-of-state telehealth provider may 214 be located in the patient’s county of residence or in Leon 215 County. 216 (6) EXEMPTIONS.—A health care professional who is not 217 licensed to provide health care services in this state but who 218 holds an active license to provide health care services in 219 another state or jurisdiction, and who provides health care 220 services using telehealth to a patient located in this state, is 221 not subject to the registration requirement under this section 222 if the services are provided: 223 (a) In response to an emergency medical condition as 224 defined in s. 395.002; or 225 (b) In consultation with a health care professional 226 licensed in this state who has ultimate authority over the 227 diagnosis and care of the patient. 228 (7) RULEMAKING.—The applicable board, or the department if 229 there is no board, may adopt rules to administer this section. 230 Section 2. Effective January 1, 2020, section 627.42396, 231 Florida Statutes, is created to read: 232 627.42396 Reimbursement for telehealth services.—A contract 233 between a health insurer issuing major medical comprehensive 234 coverage through an individual or group policy and a telehealth 235 provider, as defined in s. 456.47, may not require the provider 236 be reimbursed for a covered service provided through telehealth 237 in an amount less than the reimbursement the insurer would pay 238 if the service were delivered through an in-person encounter. 239 Section 3. Effective January 1, 2020, subsection (45) is 240 added to section 641.31, Florida Statutes, to read: 241 641.31 Health maintenance contracts.— 242 (45) A contract between a health maintenance organization 243 issuing major medical individual or group coverage and a 244 telehealth provider, as defined in s. 456.47, may not require 245 the provider be reimbursed for a covered service provided 246 through telehealth in an amount less than the reimbursement the 247 health maintenance organization would pay if the service were 248 delivered through an in-person encounter. 249 Section 4. Effective July 1, 2020, the Department of Health 250 shall annually review the amount of any fees collected under 251 section 456.47, Florida Statutes, in the prior fiscal year and 252 shall determine whether such fees are sufficient to enable the 253 department and the boards, as defined in section 456.001, 254 Florida Statutes, to fully implement section 456.47, Florida 255 Statutes. If the department determines that the fees collected 256 are insufficient, the department shall so indicate to the 257 Legislature in its annual legislative budget request and shall 258 recommend appropriate adjustments to the applicable fees. 259 Section 5. For fiscal year 2019-2020, the sums of $261,389 260 in recurring funds and $15,020 in nonrecurring funds from the 261 Medical Quality Assurance Trust Fund are appropriated to the 262 Department of Health, and four full-time equivalent positions 263 with associated salary rate of 145,870 are authorized for the 264 purpose of implementing s. 456.47, Florida Statutes, as created 265 by this act. 266 Section 6. Except as otherwise provided, this act shall 267 take effect July 1, 2019. 268