Telehealth, the practice of receiving care from providers located remotely, has prompted states to establish specific legal frameworks to ensure patient safety and regulate professional practice. Florida has developed a comprehensive set of laws governing the use of telecommunication technology to provide health services to its residents. These regulations define what constitutes a service, who can offer it, and how it is reimbursed, establishing a distinct structure for virtual care in the state.
Defining Telehealth Services in Florida
Florida law defines “telehealth” (established in Florida Statute 456.47) as the use of synchronous or asynchronous telecommunications technology by a provider to deliver health care services. This definition covers patient assessment, diagnosis, consultation, and treatment.
The law details the permitted modalities. Synchronous technology involves real-time, two-way interactive audio and video communication, mimicking an in-person visit. Asynchronous technology, or “store-and-forward,” allows for the transmission of medical data, such as images or pre-recorded videos, for later review.
The statute specifies what does not qualify as a telehealth service. Excluded communications are those delivered solely through electronic mail, facsimile transmissions, or audio-only telephone calls. A simple phone conversation or email exchange, without interactive video or store-and-forward technology, does not meet the legal standard.
The definition also encompasses remote services like the transfer of medical data and remote patient monitoring (RPM). RPM uses technology to collect and electronically transmit personal health data from a patient to a provider in a different location, expanding the scope to continuous management of chronic conditions.
Florida Specific Provider Requirements and Licensure
Practitioners providing telehealth services to patients in Florida must adhere to the state’s licensure and registration requirements. Professionals already licensed by a Florida health regulatory board require no additional registration to offer virtual care, provided it remains within their defined scope of practice.
The framework covers a wide array of professionals, including physicians, physician assistants, advanced practice registered nurses, mental health counselors, and clinical social workers. All telehealth providers must practice consistent with their professional scope and the prevailing standard of care for an in-person provider in Florida.
Out-of-state providers must register specifically with the Florida Department of Health. To qualify, a practitioner must hold an active, unencumbered license in another state, the District of Columbia, or a U.S. territory. Registration permits virtual services to Florida patients but strictly prohibits providing any in-person care within the state.
Out-of-state registrants must designate a registered agent located in Florida. This agent serves as an official point of contact, ensuring the Department of Health maintains jurisdiction over the provider for legal or disciplinary purposes. Furthermore, the provider must not have had any disciplinary action or investigation against their license in the past five years.
Florida law permits using telehealth to perform a patient evaluation, which may be sufficient for diagnosis and treatment without a physical examination. This streamlines care initiation, but the provider must still adhere to the professional standard of practice. Registered out-of-state providers are subject to disciplinary action by Florida boards if they violate state laws or practice standards.
Patient Access, Consent, and Insurance Coverage
Patient access is streamlined because a patient-provider relationship can be established through the telehealth encounter itself. A provider is not required to research a patient’s medical history or conduct a physical examination if the virtual evaluation is sufficient to diagnose and treat the patient.
Florida law maintains specific restrictions regarding the prescribing of controlled substances. Non-controlled substances can generally be prescribed following a sufficient telehealth evaluation, but Schedule II controlled substances are restricted. Exceptions apply for treating psychiatric disorders, or for patients receiving hospice services or those in a licensed hospital or nursing home facility.
The state does not impose specific, detailed requirements for informed patient consent for telehealth visits. However, providers must still obtain consent and ensure patient data security in compliance with federal laws, such as HIPAA.
Florida’s approach to insurance reimbursement focuses on contractual agreement rather than a blanket mandate. The law requires contracts between health insurers and telehealth providers to be voluntary and establish mutually acceptable payment rates. If a contract provision distinguishes the payment rate for a telehealth service from the same service provided in-person, the provider must specifically initial that provision.
This structure means insurers must cover telehealth services, but the law does not automatically require reimbursement at the exact same rate as an in-person visit. For Medicaid beneficiaries, the state covers specific telehealth modalities, including store-and-forward technology and remote patient monitoring.