Florida Senate - 2022                                     SB 312
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-00376-22                                            2022312__
    1                        A bill to be entitled                      
    2         An act relating to telehealth; amending s. 456.47,
    3         F.S.; revising the definition of the term
    4         “telehealth”; narrowing the prohibition on prescribing
    5         controlled substances through telehealth to include
    6         only specified controlled substances; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (1) and paragraph
   12  (c) of subsection (2) of section 456.47, Florida Statutes, are
   13  amended to read:
   14         456.47 Use of telehealth to provide services.—
   15         (1) DEFINITIONS.—As used in this section, the term:
   16         (a) “Telehealth” means the use of synchronous or
   17  asynchronous telecommunications technology by a telehealth
   18  provider to provide health care services, including, but not
   19  limited to, assessment, diagnosis, consultation, treatment, and
   20  monitoring of a patient; transfer of medical data; patient and
   21  professional health-related education; public health services;
   22  and health administration. The term does not include audio-only
   23  telephone calls, e-mail messages, or facsimile transmissions.
   24         (2) PRACTICE STANDARDS.—
   25         (c) A telehealth provider may not use telehealth to
   26  prescribe a controlled substance listed in Schedule II of s.
   27  893.03 unless the controlled substance is prescribed for the
   28  following:
   29         1. The treatment of a psychiatric disorder;
   30         2. Inpatient treatment at a hospital licensed under chapter
   31  395;
   32         3. The treatment of a patient receiving hospice services as
   33  defined in s. 400.601; or
   34         4. The treatment of a resident of a nursing home facility
   35  as defined in s. 400.021.
   36         Section 2. This act shall take effect July 1, 2022.