Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SPB 7028 Ì4842287Î484228 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 456.4501, Florida Statutes, is created 6 to read: 7 456.4501 Short title.—Sections 465.4501-465.4506 may be 8 cited as the “Florida Telemedicine Act.” 9 Section 2. Section 456.4502, Florida Statutes, is created 10 to read: 11 456.4502 Definitions.—As used in this act, the term: 12 (1) “Act” means the Florida Telemedicine Act. 13 (2) “Advanced communications technology” means: 14 (a) Compressed digital interactive video, audio, or data 15 transmissions; 16 (b) Real-time synchronous video- or web-conferencing 17 communications; 18 (c) Secure web-based communications; 19 (d) Still-image capture or asynchronous store and forward; 20 (e) Health care service transmissions supported by mobile 21 devices (mHealth); or 22 (f) Other technology that facilitates access to health care 23 services or medical specialty expertise. 24 (3) “Distant site” means the location at which the 25 telemedicine provider delivering the health care service is 26 located at the time the service is provided via telemedicine. 27 (4) “Encounter” means an examination, consultation, 28 monitoring, or other health care service. 29 (5) “Health care provider” means a health care practitioner 30 or out-of-state licensed individual who provides health care 31 services within the scope of his or her professional license. 32 (6) “In person” means that a patient is in the physical 33 presence of the health care provider without regard to whether 34 portions of the encounter are conducted by other providers. 35 (7) “Originating site” means the location of the patient 36 receiving telemedicine services which site meets the standards 37 of this act as verified by the telemedicine provider. 38 (8) “Patient presenter” means an individual who has 39 clinical background training in the use of advanced 40 communications technology equipment and who is available at the 41 originating site to present the patient, manage the cameras or 42 equipment, and perform any hands-on activity necessary to 43 successfully complete the telemedicine encounter under the 44 direction and supervision of a telemedicine provider. 45 (9) “Store and forward” means the type of telemedicine 46 encounter that uses still digital images of patient data for 47 rendering a medical opinion or diagnosis. The term includes the 48 asynchronous transmission of clinical data from one site to 49 another. 50 (10) “Telehealth” means the use of advanced communications 51 technology to provide access to health assessment, diagnosis, 52 intervention, consultation, supervision, and information across 53 distances. The term includes the use of remote patient 54 monitoring devices that are used to collect and transmit data 55 for telemonitoring and interpretation. 56 (11) “Telemedicine” means the use of advanced 57 communications technology by a health care provider or by a 58 health care provider acting under an appropriate delegation or 59 supervision as may be required by the appropriate board, or the 60 department if there is no board, to provide a health care 61 service. Services provided through telemedicine may include 62 patient assessment, diagnosis, consultation, treatment, 63 prescription of medicine, transfer of medical data, or other 64 medical-related services. The term does not include audio-only 65 calls, e-mail messages, or facsimile transmissions. Telemedicine 66 includes telehealth and telemonitoring. 67 (12) “Telemedicine provider” means a health care 68 practitioner who provides telemedicine services, or an out-of 69 state health care provider who provides telemedicine services to 70 a patient physically located in this state and who meets the 71 requirements of s. 456.4503, as applicable. 72 Section 3. Section 456.4503, Florida Statutes, is created 73 to read: 74 456.4503 Telemedicine requirements.— 75 (1) An out-of-state health care provider who provides 76 telemedicine across state lines to a patient physically located 77 in this state must have a Florida license to practice a health 78 care profession, except as provided under subsection (2). 79 (2) An out-of-state physician who does not meet the 80 requirements of subsection (1) may provide telemedicine services 81 across state lines to patients located in this state if the 82 physician: 83 (a) Holds an unrestricted active license to practice 84 allopathic or osteopathic medicine in the state of the distant 85 site and that state’s licensure requirements meet or exceed 86 those of this state under chapter 458 or chapter 459, as 87 determined by the appropriate board; 88 (b) Maintains professional liability coverage that includes 89 coverage for telemedicine services, in an amount and manner 90 consistent with s. 458.320 and appropriate to the physician’s 91 scope of practice and location; 92 (c) Has at least one of the following: 93 1. Privileges at or is on the medical staff of an out-of 94 state hospital that is a certified Medicare provider; 95 2. Affiliation with an out-of-state health insurer or 96 health plan that is also licensed in this state and that uses 97 credentialing requirements that are equivalent to those used in 98 this state; and 99 (d) Practices in a state that allows Florida-licensed 100 physicians to provide telemedicine services to patients located 101 in that state without having to be licensed to practice medicine 102 in that state. 103 (3) An out-of-state physician provider authorized under 104 subsection (2) to provide telemedicine services to patients in 105 this state is subject to appropriate disciplinary action by a 106 regulatory entity in this state which has regulatory 107 jurisdiction over the hospital, insurer, or health plan 108 affiliated with the physician as described in paragraph (2)(c). 109 Such affiliated hospital, insurer, or health plan shall be held 110 responsible by the appropriate state regulatory entities and 111 other legal and regulatory authorities in this state, as 112 applicable, for the actions of their affiliated physician 113 providers providing telemedicine services to patients in this 114 state. 115 (4) The telemedicine provider and any affiliated hospital, 116 insurer, or health plan described under paragraph (2)(c), if 117 applicable, shall make any pertinent records available upon 118 request of the board, the department, or other regulatory 119 authority as applicable. Failure to comply with such request may 120 result in the revocation of a health care practitioner’s license 121 or imposition of a fine by the applicable board, or department 122 if there is no board; or in the case of an affiliated hospital, 123 insurer or health plan, a fine, a license restriction, or 124 revocation of an affiliated entity’s authorization to conduct 125 business in this state. 126 (5) Venue for a civil or administrative action initiated by 127 the telemedicine recipient, the department, or the appropriate 128 board shall be based on the location of the patient or shall be 129 in Leon County. 130 (6) Physician consultations that occur on an emergency 131 basis and that are conducted via telemedicine are exempt from 132 subsections (1) and (2). Emergency services and care provided to 133 relieve an emergency medical condition have the same meaning as 134 defined under s. 395.002. 135 (7) This section does not prohibit consultations between an 136 out-of-state health care provider and a health care practitioner 137 in this state or for the transmission and review of digital 138 images, pathology specimens, test results, or other medical data 139 by an out-of-state health care provider or other qualified 140 providers related to the care of a patient in this state. 141 (8) This section does not preclude a health care provider 142 who acts within the scope of his or her Florida professional 143 license from using the technology of telemedicine within his or 144 her practice or under the direction and supervision of another 145 health care provider whose scope of practice includes the use of 146 such technology. A health care provider or patient presenter 147 acting under the direction and supervision of a physician 148 through the use of telemedicine may not be interpreted as 149 practicing medicine without a license. However, a health care 150 provider must be trained in, educated on, and knowledgeable 151 about the procedure and technology and may not perform duties 152 for which the practitioner does not have sufficient training, 153 education, and knowledge. Failure to have adequate training, 154 education, and knowledge is grounds for disciplinary action by 155 the appropriate board, or the department if there is no board, 156 or the affiliated regulatory entity for affiliated providers. 157 (9) The boards, or the department if there is no board, may 158 adopt rules to administer the requirements of this act and must 159 repeal rules that are inconsistent with this act, including 160 rules that prohibit the use of telemedicine in this state. The 161 appropriate board, or the department if there is no board, may 162 also develop standards and adopt rules relating to requirements 163 for patient presenters. Such rules may not require the use of 164 patient presenters in telemedicine services if special skills or 165 training is not needed for a patient to participate in the 166 encounter. 167 (10) A health care practitioner who engages in telemedicine 168 services must complete 2 hours of continuing education credit 169 related to the provision of services through telemedicine during 170 each license renewal period. 171 Section 4. Section 456.4504, Florida Statutes, is created 172 to read: 173 456.4504 Telemedicine standards.— 174 (1) The standard of care as provided in s. 766.102 is the 175 same regardless of whether a health care provider provides 176 health care services in person or by telemedicine. The 177 applicable board for each health care provider, or the 178 department if there is no board, may adopt rules specifically 179 related to the standard of care for telemedicine. 180 (2) A telemedicine provider providing telemedicine services 181 under this act is responsible for the quality of the equipment 182 and technology employed and for its safe use. Telemedicine 183 equipment and advanced communications technology must, at a 184 minimum, be able to provide the same information to the 185 telemedicine provider as the information that would be obtained 186 in an in-person encounter with a health care provider and enable 187 the telemedicine provider to meet or exceed the prevailing 188 standard of care for the practice of the profession. 189 (3) The telemedicine provider is not required to conduct a 190 patient history or physical examination of the patient before 191 engaging in a telemedicine encounter if the telemedicine 192 provider conducts a patient evaluation sufficient to meet the 193 prevailing standard of care for the services provided. 194 (4) Before each telemedicine encounter, the identification 195 and location of the telemedicine provider and any other 196 individuals present via advanced communications technology who 197 will view the patient or the patient’s information must be 198 identified to the patient. 199 (5) For the purposes of this act, the nonemergency 200 prescribing of a legend drug based solely on an electronic 201 questionnaire without a visual examination is considered a 202 failure to practice medicine with the level of care, skill, and 203 treatment which is recognized by a reasonably prudent physician 204 or other authorized practitioner and is not authorized under 205 this act. 206 (6) A controlled substance may not be prescribed through 207 the use of telemedicine. 208 (7) Medical records must be kept by each telemedicine 209 provider that participates in a patient telemedicine encounter 210 to the same extent as required for an in-person encounter under 211 state and federal law. Telemedicine providers are encouraged to 212 create electronic health records to document the encounter and 213 to transmit information in the most efficient manner possible. 214 (8) Any medical records generated, including records 215 maintained via video, audio, electronic, or other means, due to 216 a telemedicine encounter must conform to the confidentiality and 217 recordkeeping requirements of federal law, nationally recognized 218 health care accreditation organizations, and the laws and rules 219 of this state regardless of where the medical records of a 220 patient in this state are maintained. 221 (9) Telemedicine technology used by a telemedicine provider 222 must be encrypted and must use a recordkeeping program to verify 223 each interaction. 224 (10) In those situations in which a telemedicine provider 225 uses telemedicine technology provided by a third-party vendor, 226 the telemedicine provider must: 227 (a) Require a business associate agreement with the third 228 party vendor; and 229 (b) Ensure that the third-party vendor complies with the 230 administrative, physical, and technical safeguards and standards 231 set forth by the Health Information Technology for Economic and 232 Clinical Health (HITECH) Act and by federal regulations 233 implemented pursuant to HITECH. 234 (11) If a patient provides any of the telemedicine 235 technology, such as a patient-owned smartphone, tablet, laptop, 236 desktop computer, or video equipment, the telemedicine provider 237 must take steps to ensure that such technology: 238 (a) Complies with the administrative, physical, and 239 technical safeguards set forth by HITECH and by federal 240 regulations implemented pursuant to HITECH; and 241 (b) Is appropriate for the medical discipline for which the 242 technology is provided. 243 Section 5. Section 456.4505, Florida Statutes, is created 244 to read: 245 456.4505 Interstate compacts for telemedicine.—The 246 Legislature finds that lack of access to high-quality, 247 affordable health care services is an increasing problem, both 248 in this state and nationwide. The Legislature finds that this 249 problem could be alleviated by greater interstate cooperation 250 among, and by the mobility of, health care providers through the 251 use of telemedicine. Therefore, the executive directors of the 252 boards, together with the department, may participate in the 253 development of one or more interstate compacts for the provision 254 of telemedicine services across state lines. The department 255 shall annually submit a report on the status of any pending 256 compacts for legislative consideration to the Governor, the 257 President of the Senate, and the Speaker of the House of 258 Representatives. Any finalized compacts shall be submitted by 259 December 31 for consideration by the Legislature during the next 260 regular legislative session. A compact negotiated or proposed by 261 a board or the department is not valid until enacted by the 262 Legislature. 263 Section 6. Section 456.4506, Florida Statutes, is created 264 to read: 265 456.4506 Telemedicine services under Medicaid.— 266 (1) The Agency for Health Care Administration shall 267 reimburse for Medicaid services provided through telemedicine in 268 the same manner and equivalent to Medicaid services provided in 269 person under parts III and IV of chapter 409, except as provided 270 in subsection (7). 271 (2) Telemedicine services reimbursed under Medicaid must 272 meet the standards and requirements of this act. 273 (3) Except as provided in subsection (7), the agency may 274 not require in-person contact between a health care provider and 275 Medicaid recipient as a prerequisite for payment for services 276 appropriately provided through telemedicine in accordance with 277 generally accepted health care practices and standards 278 prevailing in the applicable health care community at the time 279 the services are provided. 280 (4) Before receipt of telemedicine services, a Medicaid 281 recipient or the legal representative of a Medicaid recipient 282 must provide informed consent for telemedicine services. A 283 Medicaid recipient shall also be provided the opportunity to 284 receive the same service through an in-person encounter. 285 (5) A Medicaid service that is provided through a fee-for 286 service or managed care program may not be denied as a 287 creditable Medicaid service solely because that service is 288 provided through telemedicine. 289 (6) Reimbursement of telemedicine services under Medicaid 290 shall be the amount negotiated between the parties involved to 291 the extent permitted under state and federal law. Regardless of 292 the reimbursement methodology or amount, telemedicine providers 293 located at the originating site and the distant site should both 294 receive reimbursement based on the services rendered, if any, 295 during the telemedicine encounter. 296 (7) If, after implementation, the agency determines that 297 the delivery of a particular service through telemedicine is not 298 cost-effective or does not adequately meet the clinical needs of 299 recipients and the determination has been documented, the agency 300 may discontinue Medicaid reimbursement for that telemedicine 301 service. 302 (8) The agency shall submit a report on the usage and 303 costs, including savings, if any, associated with the provision 304 of health care services through telemedicine under the Medicaid 305 program by January 1, 2017, to the President of the Senate, the 306 Speaker of the House of Representatives, and the minority 307 leaders of the Senate and House of Representatives. 308 (9) This section is repealed June 30, 2017. 309 Section 7. Paragraph (i) is added to subsection (1) of 310 section 458.311, Florida Statutes, to read: 311 458.311 Licensure by examination; requirements; fees.— 312 (1) Any person desiring to be licensed as a physician, who 313 does not hold a valid license in any state, shall apply to the 314 department on forms furnished by the department. The department 315 shall license each applicant who the board certifies: 316 (i) For an applicant who graduates from medical school 317 after October 1, 2015, has completed at least 2 credit hours of 318 medical education related to telemedicine. 319 Section 8. Paragraph (n) is added to subsection (1) of 320 section 459.0055, Florida Statutes, to read: 321 459.0055 General licensure requirements.— 322 (1) Except as otherwise provided herein, any person 323 desiring to be licensed or certified as an osteopathic physician 324 pursuant to this chapter shall: 325 (n) For an applicant who graduates from medical school 326 after October 1, 2015, have completed at least 2 credit hours of 327 medical education related to telemedicine. 328 Section 9. This act shall take effect October 1, 2014. 329 330 ================= T I T L E A M E N D M E N T ================ 331 And the title is amended as follows: 332 Delete everything before the enacting clause 333 and insert: 334 A bill to be entitled 335 An act relating to telemedicine; creating s. 456.4501, 336 F.S.; providing a short title; creating s. 456.4502, 337 F.S.; defining terms applicable to the act; creating 338 s. 456.4503, F.S.; requiring health care providers 339 providing telemedicine services to patients in this 340 state to be licensed in this state; providing 341 alternative requirements for out-of-state physicians; 342 providing for disciplining out-of-state physicians 343 through affiliated entities operating in this state; 344 requiring pertinent records to be made available upon 345 request; establishing venue; providing exceptions for 346 emergency services; providing applicability; 347 authorizing the health care boards and the Department 348 of Health to adopt rules; creating s. 456.4504, F.S.; 349 providing standards and prohibitions for the provision 350 of telemedicine services; creating s. 456.4505, F.S.; 351 providing legislative findings; authorizing the 352 regulatory boards and the department to participate in 353 the development of interstate compacts for the 354 provision of telemedicine services; requiring an 355 annual report to the Governor and the Legislature on 356 the status of such compacts; requiring legislative 357 enactment of such compacts; creating s. 456.4506, 358 F.S.; providing requirements for reimbursement of 359 telemedicine services under the Medicaid program; 360 requiring a report to the Legislature on the usage and 361 costs of telemedicine in Medicaid by a certain date; 362 providing for future repeal; amending ss. 458.311 and 363 459.0055, F.S.; requiring an applicant for licensure 364 as a physician who graduates after a certain date to 365 complete 2 credit hours of medical education related 366 to telemedicine; providing an effective date.