Doctor do no harm stems from Hippocrates around 400 BC. The simple phrase was commonly used in American medicine as early as the middle 1800’s. Back then, doctors often made house calls to patients. In fact, medical practitioners with little black bags arrived by horse and buggy to many city homes and spread-out rural communities. The practice of doctors bringing help to patients continued into the 1900’s. Dedicated doctors and nurses received training and followed best practices of their time. However, with the invention of the automobile and the growth of modern medicine, patients began traveling to doctors and health care centers.
Today, Florida has top-notch hospitals, medical centers, highly skilled practitioners, and first-rate testing equipment. Medical professionals continue to follow best practices in our modern world. So, we went from doctors bringing care to patients to patients coming to see doctors.
Modern Medicine
As time marches on technology advances and so does the American health care system. Today, doctors and other health care professionals may once again bring healthcare to patients using telemedicine. So, instead of horses and buggies, modern medicine uses computers and telephones.
Telemedicine or telehealth involves using telecommunications technology to access healthcare. In other words, a patient may receive various medical services over the computer or the telephone. Services may include assessment, diagnosis, treatment, consultation, monitoring, health related education, transfer of medical data and other health related services.
It’s vital to note that the services must be provided by a telehealth professional licensed in the field being treated. For example, a dermatologist would not be providing telemedicine care regarding lung disease. Basically, the same standard of care is expected in the telemedicine world as one receives at an in-office visit.
Key Provisions and Rules
The Florida Telehealth Act (Statute 456.47) governs telemedicine in the state. Key provisions and rules include:
- Standard of Care – Patients must receive the same quality care as they would receive in a physical office setting.
- Privacy – HIPPA laws apply to telemedicine encounters.
- Physical exam- This is not possible. However, records may be obtained, or appropriate questions should be asked. For example, a patient may take their own temperature.
- Prescriptions – Some medicines may be prescribed via telehealth. However, some controlled substances have strict guidelines regarding this. In some specific cases Schedule II drugs may be prescribed. However, these are limited to psychiatric care, hospice and nursing home residents, and inpatient care in a licensed hospital. Schedule III-V controlled substances may be prescribed via telehealth. However, it remains important to check before prescribing any controlled substance. Legal advice may be necessary.
- House Bill 267 in 2023 allowed previously excluded audio-only phone calls to be legally permissible for telemedicine. However, laws are constantly changing in this area. So, it’s important to seek legal advice before setting up a telemedicine practice.
- Starting October 1, 2025, an initial in-person visit within the last six months is required for mental health services. After the initial visit, once a year in-person is required. A patient may receive telehealth services by following the yearly visit schedule.
- Florida prohibits telehealth for abortions. In other words, abortion drugs must be dispensed in person.
- Out-of-state healthcare providers may provide telehealth services if they register with the appropriate Florida board or department. Also, the medical professional must practice medicine in their licensed area.
Finally, healthcare law remains complicated and fluid. Federal and state law constantly change due to current environments. For example, many COVID statutes in regard to telemedicine expire at the end of 2025. Some may be extended. As a result, it remains important to contact an experienced healthcare attorney that knows the current legal landscape.