Florida's out-of-state telehealth registration law

Florida has enacted a law that authorizes out-of-state health care professionals, not licensed in Florida, to use telehealth to deliver health care services to patients located in Florida if they register with the Florida Department of Health, appoint a registered agent, and meet certain other eligibility requirements. (See Florida Statutes, Sec. 456.47.)

How does Florida define telehealth?

“Telehealth” is defined by Sec. 456.47 as the use of synchronous (real-time information sharing) or asynchronous (information sharing with a lag time) telecommunications technology by a telehealth provider to provide health care services, including, but not limited to:

• assessment, diagnosis, consultation, treatment, and monitoring of a patient;
• transfer of medical data;
• patient and professional health-related education;
• public health services; and
• health administration.

Telehealth does not include audio-only telephone calls, e-mail messages, or fax transmissions.

Who can register as an out-of-state telehealth provider?

“Telehealth provider” is defined broadly and includes, but is not limited to a licensed physician, podiatrist, optometrist, nurse, pharmacist, dentist, chiropractor, acupuncturist, occupational therapist, dietician, physical therapist, psychologist, emergency medical technician, paramedic, clinical social worker, mental health counselor, and other providers.

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 can treat in person.

What are the requirements for out-of-state telehealth provider registration in Florida?

An out-of-state health care practitioner not licensed in Florida may register as a telehealth provider if the health care professional:

• Completes an “Application for Out-of-State Telehealth Provider Registration”
• Maintains an active, unencumbered license issued by another state, D.C., or United States possession or territory (license verification is required upon registration)
• Does not have a pending investigation, discipline, or revocation relating to his or her license within the last five years
• Designates a duly appointed registered agent for service of process in the state
• Maintains professional liability coverage or financial responsibility for telehealth services provided to patients in Florida, in amounts equal to or greater than what is required for a Florida licensed provider
• Does not open a Florida office or provide in-person health care services to Florida patients

Who can act as Registered Agent for an out-of-state telehealth provider?

Florida law provides that every out-of-state telehealth provider must have a designated registered agent, who must have an address in Florida. A registered agent is an individual or entity that is designated to receive service of process, notices, or other correspondence from the Florida Department of Health. The registered agent must be one that is listed in the Florida Department of State, Division of Corporations’ database.

CT Corporation is listed in the Division of Corporations’ database and can provide the registered agent for out-of-state health care providers seeking to register to provide telehealth in Florida. Contact CT for more information.