To eliminate the obsolete telehealth survey requirement and provide a form for out-of-state telehealth providers to register with the appropriate board, or the department if there is no board, prior to providing telehealth services to patients ...

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.:RULE TITLE:

64B-9.008Telehealth Practitioner Survey Procedures

PURPOSE AND EFFECT: To eliminate the obsolete telehealth survey requirement and provide a form for out-of-state telehealth providers to register with the appropriate board, or the department if there is no board, prior to providing telehealth services to patients located in this state, as required by recently enacted legislation.

SUMMARY: This rulemaking deletes the telehealth survey requirement and provides for registration of out-of-state telehealth providers.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.004(5), 456.47(7), FS.

LAW IMPLEMENTED: 456.47, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Whitten, Chief, Bureau of Health Care Practitioner Regulation, 4052 Bald Cypress Way, Bin C-11, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-9.008 Out-of-State Telehealth Provider Practitioner Registration Survey Procedures.

At the time of licensure renewal, each healthcare practitioner, as defined in Section 456.001, F.S., must fully complete DH5019-MQA (07/2016), Telehealth Practitioner Survey, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-07607.

(1) A health care professional not licensed in this state who intends to provide health care services via telehealth to a patient located in this state must register with the appropriate board, or the department if there is no board, using form DH5037-MQA-07/2019, Application for Out-of-State Telehealth Provider Registration, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(2) Out-of-state licenses must be verified by the issuing state, territory or District of Columbia using form DH5041-MQA-07/2019, License Verification Request Out-of-State Telehealth Provider, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

(3) Changes to the registered agent designated in the application must be reported to the department on form DH5038-MQA-07/2019, Change of Registered Agent and/or Registered Office Out-of-State Telehealth Provider, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(4) Changes made to required financial responsibility coverage must be reported to the department on form DH5039-MQA-07/2019, Change of Financial Responsibility Form Out-of-State Telehealth Provider, incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

Rulemaking Authority 456.004(1)(5), 456.47(7), FS. Law Implemented 2016-240 L.O.F. 456.47, F.S.  History–New 12-12-16, Amended_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Whitten

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 13, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 5, 2019