THE 6-STEP PROCESS
IN FLORIDA TO REGISTER AS A TELEMEDICINE PROVIDER
BY SCOTT RATTIGAN, J.D.
MEET SCOTT
Scott Rattigan, JD, is a licensed healthcare attorney and a co-founder of a functional medicine practice with his wife Linda, a D.O.
Scott helps integrative and functional medicine providers establish solid business and legal plans to protect themselves and their businesses from excess risk so that they can practice with the confidence and security to powerfully change the lives of their patients. He is a nationally recognized attorney and business consultant for integrative and functional medicine practices Together with his wife, he helps run a thriving functional medicine practice so he understands both the legal issues and the practical business issues that practices face today He consults practices all across the country and is up-to-date on all of the latest telemedicine laws, regulations, and temporary orders Scott is a graduate of William & Mary Law School.
In 2019, Florida opened its doors for out-of-state providers to legally provide telehealth/telemedicine services to Florida patients. You just have to register with the state first. Here is the step-by-step process to apply for and maintain a Florida Out-of-State Telehealth Provider Registration
Disclaimer: This guide is provided for educational purposes only and is not to be construed as professional legal advice. But you knew that already. OK, let's get to it!
STEP ONE
Determine if your license is eligible:
[The out-of-state telehealth provider registration is for health care practitioners licensed outside of Florida ONLY. Florida licensees can already provide telehealth services to patients in Florida that they could treat in person.]
As of 2019, the eligible out-of-state providers are:
Behavior Analysts, Emergency Services Medical Directors, Acupuncturists, MD/DO Physicians, Chiropractors, Podiatrists, Optometrists, Nurses, Pharmacists, Dentists, Midwives, Speech Therapists, Occupational Therapists, Respiratory Therapists, Radiological Personnel, Dietitians and Nutritionists, Athletic Trainers, Orthotists and Prosthetists, Electrologists, Massage Therapists, Clinical, Laboratory Personnel, Medical Physicists, Opticians, Physical Therapists,Psychologists, Psychotherapists (clinical social worker, marriage and family therapist, or mental health counselor), or Providers licensed under multistate licensure compacts of which Florida is a member state. (Fla. Stat. § 456.47(b))
*Not eligible: Naturopaths
STEP TWO
Verify your personal eligibility:
Now that you determined that your license is eligible, you should verify that:
1. You are licensed with an active, unencumbered license that is issued by another state, Washington D.C., or another U.S. possession;
2 That state's license is substantially similar to it's Florida equivalent;
3. You/your license have not been the subject of disciplinary action in the past 5 years; and
4 You can demonstrate that your professional liability coverage [insurance] includes coverage for telehealth services rendered to patients/clients in Florida
You may send the completed application by US Mail or electronic mail (Email)
Here is a direct link to download the Application
STEP FOUR
Telehealth License Verification
Request Form:
Florida needs to hear directly from your state licensing authority to verify your licensure status. Further, all verifications must be in English and meet the following criteria:
Typed on an official state form or letterhead
Include an official board seal
Signature and title of state board official
Here is a direct link to download the Application:
STEP FIVE
Follow these maintenance rules:
Maintain an active, unencumbered license (Promptly notify Florida if any adverse action begins);
Designate a Registered Agent for service of process in Florida;
Maintain professional liability coverage to include services rendered via telehealth in Florida;
Do NOT open a Florida office or provide in-person health care services to Florida patients;
On your website, you must prominently display a hyperlink to the department of health's list of out-of-state providers
And, as always, practice in a manner consistent with your scope of practice and the prevailing professional standard of practice for a Florida-licensed health care professional
STEP SIX
Use a Telemedicine Consent Form
There are inherent limitations and risks that are unique to telehealth services. For example, there are increased HIPAA privacy and security risks when using the internet or even telephones to provide care.
In addition, there are clinical limitations to telemedicine that are inherent in the long-distance visit. Put another way, you can't assess a patient with the same acuity you could if they were sitting in front of you.
Protect yourself from these easily preventable misunderstandings and headaches with a Telemedicine Consent Form
You can get yours implemented today Grab your consent form here.
HAVE QUESTIONS OR WANT MORE RESOURCES?
We offer Legal Health Assessments (LHA) for providers and practices looking for legal clarity. The LHA is a 40minute video appointment, giving you (1) a 360 degree assessment of the legal health of your current situation, (2) the opportunity to learn what you know you don't know, and (3) a chance to learn the best ways to simply and easily reduce your risk, your fears, and your uncertainty. Click the button below to book your call now.