Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1646
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/11/2014           .                                

       (Garcia) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 131 - 217
    4  and insert:
    5         (3)Consultations that occur on an emergency basis and that
    6  are conducted via telemedicine are exempt from subsection (1).
    7  As used in this paragraph the term “emergency basis” refers to
    8  the provision of “emergency services and care” for an “emergency
    9  medical condition” as those terms are defined in s. 395.002.
   10         (4) A telemedicine provider must maintain professional
   11  liability coverage that includes coverage for telemedicine
   12  services in an amount and manner consistent with s.
   13  458.320(1)(b) or s. 459.0085(1)(b), or in the amount required by
   14  the applicable law in an out-of-state telemedicine provider’s
   15  licensing jurisdiction, whichever is greater.
   16         (5) A health care provider or patient presenter acting
   17  under the direction and supervision of a telemedicine provider
   18  through the use of telemedicine may not be interpreted as
   19  practicing without a license. However, the health care provider
   20  must be trained in, educated on, and knowledgeable about the
   21  procedure and technology and may not perform duties for which he
   22  or she does not have sufficient training, education, and
   23  knowledge. Failure to have adequate training, education, and
   24  knowledge is grounds for disciplinary action by the appropriate
   25  board, or the department if there is no board, or the affiliated
   26  regulatory entity for affiliated providers.
   27         (6) Upon license renewal, a physician, physician assistant,
   28  advanced registered nurse practitioner, or pharmacist practicing
   29  telemedicine shall:
   30         (a)Designate himself or herself as a telemedicine provider
   31  on the practitioner profile; and
   32         (b) Submit proof of successful completion of a course and
   33  subsequent examination, approved by the board, on the standards
   34  of practice in telemedicine. The course must consist of 2 web
   35  based contact hours. The first course and examination shall be
   36  offered by July 1, 2014, and conducted at least annually
   37  thereafter. The course and examination shall be developed and
   38  offered by a statewide professional association accredited to
   39  provide educational activities as designated by the board. The
   40  board shall review and approve the content of the initial course
   41  and examination if the board determines that the course and
   42  examination adequately and reliably satisfy the criteria
   43  specified in this section. Annually thereafter, the board shall
   44  review the course and examination and, if the board determines
   45  that the content continues to adequately and reliably satisfy
   46  the criteria specified in this section, approve them. Successful
   47  completion of the board-approved course and examination may be
   48  used to satisfy 2 hours of continuing education requirements for
   49  the biennial period during which the board-approved course and
   50  examination are taken. A physician, physician assistant,
   51  advanced registered nurse practitioner, or pharmacist who does
   52  not complete a board-approved course and examination under this
   53  section may not provide telemedicine services.
   54         (7) Venue for a civil or administrative action initiated by
   55  the telemedicine recipient, the department, or the appropriate
   56  board shall be based on the location of the patient or shall be
   57  in Leon County.
   58         (8)The boards may adopt rules to administer the
   60  ================= T I T L E  A M E N D M E N T ================
   61  And the title is amended as follows:
   62         Delete lines 9 - 11
   63  and insert:
   64         and consultations; requiring telemedicine providers to
   65         maintain professional liability coverage for
   66         telemedicine services;