Florida Senate - 2015 SB 478 By Senators Bean and Joyner 4-00604-15 2015478__ 1 A bill to be entitled 2 An act relating to telemedicine services; creating s. 3 456.4501, F.S.; defining the term “telemedicine 4 services”; authorizing an emergency medical 5 technician, a paramedic, or a health care practitioner 6 to provide telemedicine services through the use of 7 certain telecommunications technology to a patient who 8 is a resident of this state; requiring telemedicine 9 services to be covered by specified Medicaid programs 10 in the same manner as services provided to a recipient 11 in person; prohibiting the prescription of controlled 12 substances for certain chronic nonmalignant pain 13 through the use of telemedicine services; authorizing 14 the Department of Health and any applicable regulatory 15 board to adopt rules to administer the section; 16 specifying that such rules may not prohibit the use of 17 telemedicine services; prohibiting the regulation of 18 telemedicine services from being construed to restrict 19 the delivery of certain emergency medical services; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 456.4501, Florida Statutes, is created 25 to read: 26 456.4501 Use of telemedicine services.— 27 (1) As used in this section, the term “telemedicine 28 services” means the use of synchronous or asynchronous 29 telecommunications technology to perform services that include, 30 but are not limited to, patient assessment, diagnosis, 31 consultation, treatment, and monitoring, the transfer of medical 32 data, and the provision of patient and professional health 33 related education. The term does not include audio-only 34 transmissions, e-mail messages, or facsimile transmissions. 35 (2) An emergency medical technician or a paramedic 36 certified pursuant to s. 401.27 or a health care practitioner 37 may provide telemedicine services to a patient who is a resident 38 of this state. Such services shall be covered by Medicaid under 39 parts III and IV of chapter 409 in the same manner as services 40 that are provided to a recipient in person. 41 (3) A controlled substance as defined in s. 893.02 may not 42 be prescribed for chronic nonmalignant pain as defined in s. 43 456.44 through the use of telemedicine services. 44 (4) Rules to administer this section may be adopted by the 45 department for emergency medical technicians and paramedics 46 certified pursuant to s. 401.27 and health care practitioners 47 who are not subject to regulation by a board, and by any 48 applicable health care practitioner board. Such rules may not 49 prohibit the use of telemedicine services. 50 (5) This section may not be construed to restrict the 51 delivery of emergency medical services as defined in s. 401.107. 52 Section 2. This act shall take effect July 1, 2015.