Last updated 01/26/2023
Consent Requirements
No Reference Found
Last updated 01/26/2023
Cross State Licensing
A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.
See law for specific provider requirements.
An out-of-state provider must have professional liability coverage or financial responsibility that includes coverage for telehealth services provided to patients not located in the provider’s home state. A health care professional registered under this section may not open an office or provide in-person services. The Department is required to publish all registrants on its website with specific requirements outlined in the law.
SOURCE: FL Statute 456.47 & Florida Board of Medicine. (Accessed Jan. 2023).
Last updated 01/26/2023
Definitions
“Telehealth” means the use of synchronous or asynchronous telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.
SOURCE: FL Statute 456.47. (Accessed Jan. 2023).
“Telehealth” means the mode of providing care, treatment, or services by a Florida qualified professional, as defined under subsection 397.311(34), F.S., within the scope of his or her practice, through the use of clinical and medical information exchanged from one site to another via electronic communication. Telehealth does not include the provision of health services only through an audio only telephone, email messages, text messages, facsimile transmission, U.S. mail or other parcel service, or any combination thereof.
SOURCE: FL Admin Code 65D-30.002. (Accessed Jan. 2023).
Children’s Medical Services
“Telemedicine” means “the use of telecommunication and information technology to provide clinical care to individuals at a distance and to transmit the information needed to provide that care.
SOURCE: FL Admin Code 64C-8.001. (Accessed Jan. 2023).
Professional Counselor Licensure Compact
“Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.
SOURCE: FL Statute 491.017 (Article II (25)). (Accessed Jan. 2023).
Last updated 01/26/2023
Licensure Compacts
Member of the Nurses Licensure Compact.
SOURCE: Current NLC States & Status. Nurse Licensure Compact. (Accessed Jan. 2023).
Member of the Counseling Compact.
SOURCE: Counseling Compact Map. (Accessed Oct. Jan. 2023).
* See Compact websites for implementation and license issuing status and other related requirements.
Last updated 01/26/2023
Miscellaneous
The Florida Mental Health Act or Baker Act – Involuntary Examination
Telehealth is the delivery of an evaluation, assessment, consultation, treatment planning, or other allowable service via non-public facing live videoconference between a licensed clinician and an individual.
Telehealth be used to form the basis of a professional certificate initiating Baker Act involuntary examination. The licensed clinician must have examined the individual within the preceding 48 hours (whether in person or by telehealth) and must conclude that the individual meets criteria for examination. For the purposes of a Baker Act initiation, the licensed clinician must be a physician, clinical psychologist, psychiatric nurse, advanced practice registered nurse registered under s. 464.0123 F.S., mental health counselor, marriage and family therapist, clinical social worker, or physician assistant. The licensed clinician should have a protocol in place to address the provision of telehealth services with staff that includes obtaining/verifying the location of the individual at the beginning of each telehealth session.
Telehealth may be used by a receiving facility to conduct involuntary examinations, to form the basis of a first and second opinion supporting involuntary inpatient placement, and to form the basis of a second opinion supporting outpatient services. Telehealth may not be used to form the basis of a first opinion supporting involuntary outpatient placement.
SOURCE: FL Department of Children and Families. Telehealth and Florida’s Baker Act: FAQs. March 2021. (Accessed Jan. 2023).
Mental health and substance abuse facilities are authorized to release individuals subject to involuntary examination upon documented approval of a provider. The release may be approved through telehealth.
SOURCE: FL Statute 394.463(2)(f) & FL Department of Children and Families. Telehealth and Florida’s Baker Act: FAQs. March 2021. (Accessed Jan. 2023).
Last updated 01/26/2023
Online Prescribing
A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth 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.
A telehealth provider may not use telehealth to prescribe a controlled substance listed in Schedule II of s. 893.03 unless the controlled substance is prescribed for the following:
- The treatment of a psychiatric disorder;
- Inpatient treatment at a hospital licensed under chapter 395;
- The treatment of a patient receiving hospice services as defined in s. 400.601; or
- The treatment of a resident of a nursing home facility as defined in s. 400.021.
SOURCE: FL Statute 456.47. (Accessed Jan. 2023).
Last updated 01/26/2023
Professional Boards Standards
Health Professional Telehealth Practice Standards and Related Requirements
SOURCE: FL Statute 456.47. (Accessed Jan. 2023).
Florida Department of Health Telehealth Frequently Asked Questions
SOURCE: FL Department of Health. Telehealth FAQs. (Accessed Jan. 2023).
