Purpose
The Board of Osteopathic Medicine (hereinafter "the Board") has statutory authority to set standards of practice in various medical practice settings. Pursuant to this aforementioned authority, the Board recently promulgated rules setting forth standards for telemedicine practice. Rule 64B15-14.0081 went into effect on March 12, 2014. The Board of Medicine has an identical rule, Rule 64B8-9.0141, which also went into effect March 12, 2014. Shortly thereafter, the Board of Medicine began to receive reports from physicians and hospital representatives that expressed concerns that the standards for telemedicine practice rule precluded physicians from ordering controlled substances through the use of telemedicine for their hospitalized patients. In fact, interested persons reported that in some instances hospital pharmacists have expressed their reluctance to dispense controlled substances ordered via telemedicine because they believe it is precluded by the telemedicine rule. Allopathic and osteopathic physicians have the same responsibilities and work in the same patient settings. Thus, the critical and immediate concerns raised by physicians and hospital representatives to the Board of Medicine are equally applicable to osteopathic physicians working in the same capacity and patient settings.
Rule 64B15-14.0081(4) currently precludes the prescribing of controlled substances through the use of telemedicine. While the rule does not preclude the ordering of controlled substances to hospitalized patients, the current prescribing prohibition has created doubt amongst licensees and pharmacist because of the ambiguity of the definition of term "prescribing" as set forth in sections 465.003(14) and 893.02(22), Florida Statutes.
Through its promulgation of Rule 64B15-14.0081, the Board has inadvertently created doubt as to whether it is legal to order controlled substances for hospitalized patients through the use of telemedicine. Therefore, the Board believes that this current situation presents an immediate danger to the public health, safety and welfare because it may prevent critically ill hospital patients from obtaining necessary controlled substances on a timely basis. This scenario presents a particular problem for those hospitals that staff intensive care units (ICUs) after hours through the use of telemedicine technology.
The Board believes that the filing of a narrowly tailored emergency rule amending Rule 64B15-14.0081 to clarify that the ordering of controlled substances for hospitalized patients through the use of telemedicine is not precluded by Rule 64B15-14.0081 (4) is justified. It will prevent unnecessary patient harm in an expeditious manner and will not harm licensees or any health care practitioners in any way.