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Florida

Counselors

Source

(1) The Department of Health shall renew an active license upon receipt of the renewal license fee, as established by Rule 64B4-4.005, F.A.C. By remitting the correct fee to the Department, the licensee is affirming that all requirements for license renewal have been met. Each renewal period shall begin on the date established by the Department.
(2) A licensee shall not be required to complete continuing education for the first renewal of licensure. For each subsequent renewal, licensee must complete 30 hours of approved continuing education credit. Courses shall include:
(a) Two hours on the prevention of medical errors; and
(b) Three hours relating to professional ethics and boundary issues or telehealth. These courses may be taken in any order, however, the same course may not be taken in consecutive renewal periods...

Source

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
"456.47 Use of telehealth to provide services.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Telehealth” means the use of synchronous or asynchronous 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. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.
(b) “Telehealth provider” means any individual who provides health care and related services using telehealth and who is licensed or certified under s. 393.17; part III of chapter 401; chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part III, part IV, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part II or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491; who is licensed under a multistate health care licensure compact of which Florida is a member state; or who is registered under and complies with subsection (4).
(2) PRACTICE STANDARDS.—
(a) A telehealth provider has the duty to practice in a manner consistent with his or her scope of practice and the prevailing professional standard of practice for a health care professional who provides in-person health care services to patients in this state.
(b) A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research a patient’s medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.
(c) A telehealth provider may not use telehealth to prescribe a controlled substance unless the controlled substance is prescribed for the following:
1. The treatment of a psychiatric disorder;
2. Inpatient treatment at a hospital licensed under chapter 395;
3. The treatment of a patient receiving hospice services as defined in s. 400.601; or
4. The treatment of a resident of a nursing home facility as defined in s. 400.021.
(d) A telehealth provider and a patient may be in separate locations when telehealth is used to provide health care services to a patient.
(e) A nonphysician telehealth provider using telehealth and acting within his or her relevant scope of practice, as established by Florida law or rule, is not in violation of s. 458.327(1)(a) or s. 459.013(1)(a).
(3) RECORDS.—A telehealth provider shall document in the patient’s medical record the health care services rendered using telehealth according to the same standard as used for in-person services. Medical records, including video, audio, electronic, or other records generated as a result of providing such services, are confidential pursuant to ss. 395.3025(4) and 456.057.
(4) REGISTRATION OF OUT-OF-STATE TELEHEALTH PROVIDERS.—
(a) A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.
(b) The board, or the department if there is no board, shall register a health care professional not licensed in this state as a telehealth provider if the health care professional:
1. Completes an application in the format prescribed by the department;
2. Is licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued to a Florida-licensed provider specified in paragraph (1)(b);
3. Has not been the subject of disciplinary action relating to his or her license during the 5-year period immediately prior to the submission of the application;
4. Designates a duly appointed registered agent for service of process in this state on a form prescribed by the department; and
5. Demonstrates to the board, or the department if there is no board, that he or she is in compliance with paragraph (e).
The department shall use the National Practitioner Data Bank to verify the information submitted under this paragraph, as applicable.

(c) The website of a telehealth provider registered under paragraph (b) must prominently display a hyperlink to the department’s website containing the information required under paragraph (h).
(d) A health care professional may not register under this subsection if his or her license to provide health care services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. A health care professional registered under this subsection must notify the appropriate board, or the department if there is no board, of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction. The notification must be provided within 5 business days after the restriction is placed or disciplinary action is initiated or taken.
(e) A provider registered under this subsection shall maintain professional liability coverage or financial responsibility, that includes coverage or financial responsibility for telehealth services provided to patients not located in the provider’s home state, in an amount equal to or greater than the requirements for a licensed practitioner under s. 456.048, s. 458.320, or s. 459.0085, as applicable.
(f) A health care professional registered under this subsection may not open an office in this state and may not provide in-person health care services to patients located in this state.
(g) A pharmacist registered under this subsection may only use a pharmacy permitted under chapter 465, a nonresident pharmacy registered under s. 465.0156, or a nonresident pharmacy or outsourcing facility holding an active permit pursuant to s. 465.0158 to dispense medicinal drugs to patients located in this state.
(h) The department shall publish on its website a list of all registrants and include, to the extent applicable, each registrants:
1. Name.
2. Health care occupation.
3. Completed health care training and education, including completion dates and any certificates or degrees obtained.
4. Out-of-state health care license with the license number.
5. Florida telehealth provider registration number.
6. Specialty.
7. Board certification.
8. Five-year disciplinary history, including sanctions and board actions.
9. Medical malpractice insurance provider and policy limits, including whether the policy covers claims that arise in this state.
10. The name and address of the registered agent designated for service of process in this state.
(i) The board, or the department if there is no board, may take disciplinary action against an out-of-state telehealth provider registered under this subsection if the registrant:
1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license as required under paragraph (d).
2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
3. Violates any of the requirements of this section.
4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1) or the applicable practice act for Florida-licensed providers.
Disciplinary action taken by a board, or the department if there is no board, under this paragraph may include suspension or revocation of the provider’s registration or the issuance of a reprimand or letter of concern. A suspension may be accompanied by a corrective action plan as determined by the board, or the department if there is no board, the completion of which may lead to the suspended registration being reinstated according to rules adopted by the board, or the department if there is no board.

(5) VENUE.—For the purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed or in the patient’s county of residence. Venue for a civil or administrative action initiated by the department, the appropriate board, or a patient who receives telehealth services from an out-of-state telehealth provider may be located in the patient’s county of residence or in Leon County.
(6) EXEMPTIONS.—A health care professional who is not licensed to provide health care services in this state but who holds an active license to provide health care services in another state or jurisdiction, and who provides health care services using telehealth to a patient located in this state, is not subject to the registration requirement under this section if the services are provided:
(a) In response to an emergency medical condition as defined in s. 395.002; or
(b) In consultation with a health care professional licensed in this state who has ultimate authority over the diagnosis and care of the patient.
(7) RULEMAKING.—The applicable board, or the department if there is no board, may adopt rules to administer this section.
History.—s. 1, ch. 2019-137."  http://www.leg.state.fl.us/statutes/

Social Workers

Social Workers

Source

(1) The Department of Health shall renew an active license upon receipt of the renewal license fee, as established by Rule 64B4-4.005, F.A.C. By remitting the correct fee to the Department, the licensee is affirming that all requirements for license renewal have been met. Each renewal period shall begin on the date established by the Department.
(2) A licensee shall not be required to complete continuing education for the first renewal of licensure. For each subsequent renewal, licensee must complete 30 hours of approved continuing education credit. Courses shall include:
(a) Two hours on the prevention of medical errors; and
(b) Three hours relating to professional ethics and boundary issues or telehealth. These courses may be taken in any order, however, the same course may not be taken in consecutive renewal periods...

Source

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
"456.47 Use of telehealth to provide services.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Telehealth” means the use of synchronous or asynchronous 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. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.
(b) “Telehealth provider” means any individual who provides health care and related services using telehealth and who is licensed or certified under s. 393.17; part III of chapter 401; chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part III, part IV, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part II or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491; who is licensed under a multistate health care licensure compact of which Florida is a member state; or who is registered under and complies with subsection (4).
(2) PRACTICE STANDARDS.—
(a) A telehealth provider has the duty to practice in a manner consistent with his or her scope of practice and the prevailing professional standard of practice for a health care professional who provides in-person health care services to patients in this state.
(b) A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research a patient’s medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.
(c) A telehealth provider may not use telehealth to prescribe a controlled substance unless the controlled substance is prescribed for the following:
1. The treatment of a psychiatric disorder;
2. Inpatient treatment at a hospital licensed under chapter 395;
3. The treatment of a patient receiving hospice services as defined in s. 400.601; or
4. The treatment of a resident of a nursing home facility as defined in s. 400.021.
(d) A telehealth provider and a patient may be in separate locations when telehealth is used to provide health care services to a patient.
(e) A nonphysician telehealth provider using telehealth and acting within his or her relevant scope of practice, as established by Florida law or rule, is not in violation of s. 458.327(1)(a) or s. 459.013(1)(a).
(3) RECORDS.—A telehealth provider shall document in the patient’s medical record the health care services rendered using telehealth according to the same standard as used for in-person services. Medical records, including video, audio, electronic, or other records generated as a result of providing such services, are confidential pursuant to ss. 395.3025(4) and 456.057.
(4) REGISTRATION OF OUT-OF-STATE TELEHEALTH PROVIDERS.—
(a) A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.
(b) The board, or the department if there is no board, shall register a health care professional not licensed in this state as a telehealth provider if the health care professional:
1. Completes an application in the format prescribed by the department;
2. Is licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued to a Florida-licensed provider specified in paragraph (1)(b);
3. Has not been the subject of disciplinary action relating to his or her license during the 5-year period immediately prior to the submission of the application;
4. Designates a duly appointed registered agent for service of process in this state on a form prescribed by the department; and
5. Demonstrates to the board, or the department if there is no board, that he or she is in compliance with paragraph (e).
The department shall use the National Practitioner Data Bank to verify the information submitted under this paragraph, as applicable.

(c) The website of a telehealth provider registered under paragraph (b) must prominently display a hyperlink to the department’s website containing the information required under paragraph (h).
(d) A health care professional may not register under this subsection if his or her license to provide health care services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. A health care professional registered under this subsection must notify the appropriate board, or the department if there is no board, of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction. The notification must be provided within 5 business days after the restriction is placed or disciplinary action is initiated or taken.
(e) A provider registered under this subsection shall maintain professional liability coverage or financial responsibility, that includes coverage or financial responsibility for telehealth services provided to patients not located in the provider’s home state, in an amount equal to or greater than the requirements for a licensed practitioner under s. 456.048, s. 458.320, or s. 459.0085, as applicable.
(f) A health care professional registered under this subsection may not open an office in this state and may not provide in-person health care services to patients located in this state.
(g) A pharmacist registered under this subsection may only use a pharmacy permitted under chapter 465, a nonresident pharmacy registered under s. 465.0156, or a nonresident pharmacy or outsourcing facility holding an active permit pursuant to s. 465.0158 to dispense medicinal drugs to patients located in this state.
(h) The department shall publish on its website a list of all registrants and include, to the extent applicable, each registrants:
1. Name.
2. Health care occupation.
3. Completed health care training and education, including completion dates and any certificates or degrees obtained.
4. Out-of-state health care license with the license number.
5. Florida telehealth provider registration number.
6. Specialty.
7. Board certification.
8. Five-year disciplinary history, including sanctions and board actions.
9. Medical malpractice insurance provider and policy limits, including whether the policy covers claims that arise in this state.
10. The name and address of the registered agent designated for service of process in this state.
(i) The board, or the department if there is no board, may take disciplinary action against an out-of-state telehealth provider registered under this subsection if the registrant:
1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license as required under paragraph (d).
2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
3. Violates any of the requirements of this section.
4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1) or the applicable practice act for Florida-licensed providers.
Disciplinary action taken by a board, or the department if there is no board, under this paragraph may include suspension or revocation of the provider’s registration or the issuance of a reprimand or letter of concern. A suspension may be accompanied by a corrective action plan as determined by the board, or the department if there is no board, the completion of which may lead to the suspended registration being reinstated according to rules adopted by the board, or the department if there is no board.

(5) VENUE.—For the purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed or in the patient’s county of residence. Venue for a civil or administrative action initiated by the department, the appropriate board, or a patient who receives telehealth services from an out-of-state telehealth provider may be located in the patient’s county of residence or in Leon County.
(6) EXEMPTIONS.—A health care professional who is not licensed to provide health care services in this state but who holds an active license to provide health care services in another state or jurisdiction, and who provides health care services using telehealth to a patient located in this state, is not subject to the registration requirement under this section if the services are provided:
(a) In response to an emergency medical condition as defined in s. 395.002; or
(b) In consultation with a health care professional licensed in this state who has ultimate authority over the diagnosis and care of the patient.
(7) RULEMAKING.—The applicable board, or the department if there is no board, may adopt rules to administer this section.
History.—s. 1, ch. 2019-137."  http://www.leg.state.fl.us/statutes/

Marriage and Family Therapists

Source

(1) The Department of Health shall renew an active license upon receipt of the renewal license fee, as established by Rule 64B4-4.005, F.A.C. By remitting the correct fee to the Department, the licensee is affirming that all requirements for license renewal have been met. Each renewal period shall begin on the date established by the Department.
(2) A licensee shall not be required to complete continuing education for the first renewal of licensure. For each subsequent renewal, licensee must complete 30 hours of approved continuing education credit. Courses shall include:
(a) Two hours on the prevention of medical errors; and
(b) Three hours relating to professional ethics and boundary issues or telehealth. These courses may be taken in any order, however, the same course may not be taken in consecutive renewal periods...

Source

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS
"456.47 Use of telehealth to provide services.—


(1) DEFINITIONS.—As used in this section, the term:
(a) “Telehealth” means the use of synchronous or asynchronous 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. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.
(b) “Telehealth provider” means any individual who provides health care and related services using telehealth and who is licensed or certified under s. 393.17; part III of chapter 401; chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part III, part IV, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part II or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491; who is licensed under a multistate health care licensure compact of which Florida is a member state; or who is registered under and complies with subsection (4).
(2) PRACTICE STANDARDS.—
(a) A telehealth provider has the duty to practice in a manner consistent with his or her scope of practice and the prevailing professional standard of practice for a health care professional who provides in-person health care services to patients in this state.
(b) A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research a patient’s medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.
(c) A telehealth provider may not use telehealth to prescribe a controlled substance unless the controlled substance is prescribed for the following:
1. The treatment of a psychiatric disorder;
2. Inpatient treatment at a hospital licensed under chapter 395;
3. The treatment of a patient receiving hospice services as defined in s. 400.601; or
4. The treatment of a resident of a nursing home facility as defined in s. 400.021.
(d) A telehealth provider and a patient may be in separate locations when telehealth is used to provide health care services to a patient.
(e) A nonphysician telehealth provider using telehealth and acting within his or her relevant scope of practice, as established by Florida law or rule, is not in violation of s. 458.327(1)(a) or s. 459.013(1)(a).
(3) RECORDS.—A telehealth provider shall document in the patient’s medical record the health care services rendered using telehealth according to the same standard as used for in-person services. Medical records, including video, audio, electronic, or other records generated as a result of providing such services, are confidential pursuant to ss. 395.3025(4) and 456.057.
(4) REGISTRATION OF OUT-OF-STATE TELEHEALTH PROVIDERS.—
(a) A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.
(b) The board, or the department if there is no board, shall register a health care professional not licensed in this state as a telehealth provider if the health care professional:
1. Completes an application in the format prescribed by the department;
2. Is licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued to a Florida-licensed provider specified in paragraph (1)(b);
3. Has not been the subject of disciplinary action relating to his or her license during the 5-year period immediately prior to the submission of the application;
4. Designates a duly appointed registered agent for service of process in this state on a form prescribed by the department; and
5. Demonstrates to the board, or the department if there is no board, that he or she is in compliance with paragraph (e).
The department shall use the National Practitioner Data Bank to verify the information submitted under this paragraph, as applicable.

(c) The website of a telehealth provider registered under paragraph (b) must prominently display a hyperlink to the department’s website containing the information required under paragraph (h).
(d) A health care professional may not register under this subsection if his or her license to provide health care services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. A health care professional registered under this subsection must notify the appropriate board, or the department if there is no board, of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction. The notification must be provided within 5 business days after the restriction is placed or disciplinary action is initiated or taken.
(e) A provider registered under this subsection shall maintain professional liability coverage or financial responsibility, that includes coverage or financial responsibility for telehealth services provided to patients not located in the provider’s home state, in an amount equal to or greater than the requirements for a licensed practitioner under s. 456.048, s. 458.320, or s. 459.0085, as applicable.
(f) A health care professional registered under this subsection may not open an office in this state and may not provide in-person health care services to patients located in this state.
(g) A pharmacist registered under this subsection may only use a pharmacy permitted under chapter 465, a nonresident pharmacy registered under s. 465.0156, or a nonresident pharmacy or outsourcing facility holding an active permit pursuant to s. 465.0158 to dispense medicinal drugs to patients located in this state.
(h) The department shall publish on its website a list of all registrants and include, to the extent applicable, each registrants:
1. Name.
2. Health care occupation.
3. Completed health care training and education, including completion dates and any certificates or degrees obtained.
4. Out-of-state health care license with the license number.
5. Florida telehealth provider registration number.
6. Specialty.
7. Board certification.
8. Five-year disciplinary history, including sanctions and board actions.
9. Medical malpractice insurance provider and policy limits, including whether the policy covers claims that arise in this state.
10. The name and address of the registered agent designated for service of process in this state.
(i) The board, or the department if there is no board, may take disciplinary action against an out-of-state telehealth provider registered under this subsection if the registrant:
1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license as required under paragraph (d).
2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.
3. Violates any of the requirements of this section.
4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1) or the applicable practice act for Florida-licensed providers.
Disciplinary action taken by a board, or the department if there is no board, under this paragraph may include suspension or revocation of the provider’s registration or the issuance of a reprimand or letter of concern. A suspension may be accompanied by a corrective action plan as determined by the board, or the department if there is no board, the completion of which may lead to the suspended registration being reinstated according to rules adopted by the board, or the department if there is no board.

(5) VENUE.—For the purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed or in the patient’s county of residence. Venue for a civil or administrative action initiated by the department, the appropriate board, or a patient who receives telehealth services from an out-of-state telehealth provider may be located in the patient’s county of residence or in Leon County.
(6) EXEMPTIONS.—A health care professional who is not licensed to provide health care services in this state but who holds an active license to provide health care services in another state or jurisdiction, and who provides health care services using telehealth to a patient located in this state, is not subject to the registration requirement under this section if the services are provided:
(a) In response to an emergency medical condition as defined in s. 395.002; or
(b) In consultation with a health care professional licensed in this state who has ultimate authority over the diagnosis and care of the patient.
(7) RULEMAKING.—The applicable board, or the department if there is no board, may adopt rules to administer this section.
History.—s. 1, ch. 2019-137."  http://www.leg.state.fl.us/statutes/

Psychologists

Source

Fla. Stat. § 490.003(4)(a)

"Psychological services may be rendered to individuals, couples, families, groups, and the public without regard to place of service."

Source

Fla. Stat. § 490.014(2)(e)

490.014 Exemptions

“(e) Is not a resident of the state but offers services in this state, provided:

1. Such services are performed for no more than 5 days in any month and no more than 15 days in any calendar year; and

2. Such nonresident is licensed or certified by a state or territory of the United States, or by a foreign country or province, the standards of which were, at the date of his or her licensure or certification, equivalent to or higher than the requirements of this chapter in the opinion of the department or, in the case of psychologists, in the opinion of the board.”

Refer to the source provided for all requirements and limitations.

Psychiatrists

Source

Title XXXII

REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456

HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

"456.47 Use of telehealth to provide services.—

“(1) DEFINITIONS.—As used in this section, the term:

(a) “Telehealth” means the use of synchronous or asynchronous 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. The term does not include audio-only telephone calls, e-mail messages, or facsimile transmissions.

(b) “Telehealth provider” means any individual who provides health care and related services using telehealth and who is licensed or certified under s. 393.17; part III of chapter 401; chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part III, part IV, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part II or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491; who is licensed under a multistate health care licensure compact of which Florida is a member state; or who is registered under and complies with subsection (4).”

“(2) PRACTICE STANDARDS.—

(a) A telehealth provider has the duty to practice in a manner consistent with his or her scope of practice and the prevailing professional standard of practice for a health care professional who provides in-person health care services to patients in this state.

(b) A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research a patient’s medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.

(c) A telehealth provider may not use telehealth to prescribe a controlled substance unless the controlled substance is prescribed for the following:

1. The treatment of a psychiatric disorder;

2. Inpatient treatment at a hospital licensed under chapter 395;

3. The treatment of a patient receiving hospice services as defined in s. 400.601; or

4. The treatment of a resident of a nursing home facility as defined in s. 400.021.

(d) A telehealth provider and a patient may be in separate locations when telehealth is used to provide health care services to a patient.

(e) A nonphysician telehealth provider using telehealth and acting within his or her relevant scope of practice, as established by Florida law or rule, is not in violation of s. 458.327(1)(a) or s. 459.013(1)(a).”

“(3) RECORDS.—A The telehealth provider shall document in the patient’s medical record the health care services rendered using telehealth according to the same standard as used for in-person services. Medical records, including video, audio, electronic, or other records generated as a result of providing such services, are confidential pursuant to ss. 395.3025(4) and 456.057.”

“(4) REGISTRATION OF OUT-OF-STATE TELEHEALTH PROVIDERS.—

(a) A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.

(b) The board, or the department if there is no board, shall register a health care professional not licensed in this state as a telehealth provider if the health care professional:

1. Completes an application in the format prescribed by the department;

2. Is licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued to a Florida-licensed provider specified in paragraph (1)(b);

3. Has not been the subject of disciplinary action relating to his or her license during the 5-year period immediately prior to the submission of the application;

4. Designates a duly appointed registered agent for service of process in this state on a form prescribed by the department; and

5. Demonstrates to the board, or the department if there is no board, that he or she is in compliance with paragraph (e).

The department shall use the National Practitioner Data Bank to verify the information submitted under this paragraph, as applicable.

(c) The website of a telehealth provider registered under paragraph (b) must prominently display a hyperlink to the department’s website containing the information required under paragraph (h).

(d) A health care professional may not register under this subsection if his or her license to provide health care services is subject to a pending disciplinary investigation or action, or has been revoked in any state or jurisdiction. A health care professional registered under this subsection must notify the appropriate board, or the department if there is no board, of restrictions placed on his or her license to practice, or any disciplinary action taken or pending against him or her, in any state or jurisdiction. The notification must be provided within 5 business days after the restriction is placed or disciplinary action is initiated or taken.”

“(e) A provider registered under this subsection shall maintain professional liability coverage or financial responsibility, which includes coverage or financial responsibility for telehealth services provided to patients not located in the provider’s home state, in an amount equal to or greater than the requirements for a licensed practitioner under s. 456.048, s. 458.320, or s. 459.0085, as applicable.

(f) A health care professional registered under this subsection may not open an office in this state and may not provide in-person health care services to patients located in this state.

(g) A pharmacist registered under this subsection may only use a pharmacy permitted under chapter 465, a nonresident pharmacy registered under s. 465.0156, or a nonresident pharmacy or outsourcing facility holding an active permit pursuant to s. 465.0158 to dispense medicinal drugs to patients located in this state.

(h) The department shall publish on its website a list of all registrants and include, to the extent applicable, each registrants:

1. Name.

2. Health care occupation.

3. Completed health care training and education, including completion dates and any certificates or degrees obtained.

4. Out-of-state health care license with the license number.

5. Florida telehealth provider registration number.”

6. Specialty.

7. Board certification.

8. Five-year disciplinary history, including sanctions and board actions.

9. Medical malpractice insurance provider and policy limits, including whether the policy covers claims that arise in this state.

10. The name and address of the registered agent designated for service of process in this state.

(i) The board, or the department if there is no board, may take disciplinary action against an out-of-state telehealth provider registered under this subsection if the registrant:

1. Fails to notify the applicable board, or the department if there is no board, of any adverse actions taken against his or her license as required under paragraph (d).

2. Has restrictions placed on or disciplinary action taken against his or her license in any state or jurisdiction.

3. Violates any of the requirements of this section.

4. Commits any act that constitutes grounds for disciplinary action under s. 456.072(1) or the applicable practice act for Florida-licensed providers.

Disciplinary action taken by a board, or the department if there is no board, under this paragraph may include suspension or revocation of the provider’s registration or the issuance of a reprimand or letter of concern. A suspension may be accompanied by a corrective action plan as determined by the board, or the department if there is no board, the completion of which may lead to the suspended registration being reinstated according to rules adopted by the board, or the department if there is no board.

“(5) VENUE.—For the purposes of this section, any act that constitutes the delivery of health care services is deemed to occur at the place where the patient is located at the time the act is performed or in the patient’s county of residence. Venue for a civil or administrative action initiated by the department, the appropriate board, or a patient who receives telehealth services from an out-of-state telehealth provider may be located in the patient’s county of residence or in Leon County.”

“(6) EXEMPTIONS.—A health care professional who is not licensed to provide health care services in this state but who holds an active license to provide health care services in another state or jurisdiction, and who provides health care services using telehealth to a patient located in this state, is not subject to the registration requirement under this section if the services are provided:

(a) In response to an emergency medical condition as defined in s. 395.002; or

(b) In consultation with a health care professional licensed in this state who has ultimate authority over the diagnosis and care of the patient.”

“(7) RULEMAKING.—The applicable board, or the department if there is no board, may adopt rules to administer this section.

History.—s. 1, ch. 2019-137."  

Refer to the source provided for all requirements and limitations.

Florida Professional Regulation/Health & Safety Online Prescribing

Source

456.47 2(c)

“A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research a patient's medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.”

“A telehealth provider may not use telehealth to prescribe a controlled substance unless the controlled substance is prescribed for the following:

  1. The treatment of a psychiatric disorder;
  2. Inpatient treatment at a hospital licensed under chapter 395;
  3. The treatment of a patient receiving hospice services as defined in s. 400.601; or 
  4. The treatment of a resident of a nursing home facility as defined in s. 400.021.”

Refer to the source provided for all requirements and limitations.

Nurses

“As a party state to the Nurse Licensure Compact (NLC), Florida issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in Florida. A nurse holding a multistate license is entitled to practice in any NLC party-state but must comply at all times with the laws of the state where he or she is currently practicing.”

“It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.”

Refer to the source provided for all requirements and limitations.

Florida Professional Regulation/Health & Safety Online Prescribing

Source

456.47 2(c)

“A telehealth provider may use telehealth to perform a patient evaluation. If a telehealth provider conducts a patient evaluation sufficient to diagnose and treat the patient, the telehealth provider is not required to research a patient's medical history or conduct a physical examination of the patient before using telehealth to provide health care services to the patient.”

“A telehealth provider may not use telehealth to prescribe a controlled substance unless the controlled substance is prescribed for the following:

  1. The treatment of a psychiatric disorder;
  2. Inpatient treatment at a hospital licensed under chapter 395;
  3. The treatment of a patient receiving hospice services as defined in s. 400.601; or 

The treatment of a resident of a nursing home facility as defined in s. 400.021.” 

Refer to the source provided for all requirements and limitations.

Medicaid Telehealth Parity Law

There is no mention of parity laws or payment parity

However, Some Community Behavioral Health Services offered through telemedicine services are reimbursed per the Fee Schedule.

Source: Community Behavioral Health Fee Schedule

There is not reimbursement for video cell phone interactions, telephone conversations, email, or fax

Source: FL Agency for Health Care Administration. Community Behavioral Health Services Coverage and Limitations Handbook. March 2014. P. 2-5.

Refer to the sources provided for all requirements and limitations.

Private Pay Telehealth Parity Law

We are not Aware of Any

However, FL Statute 641.31. HB 23 (2019 Session) “establishes a regulatory framework for telehealth under a new section of law, s. 456.47, F.S., including the following components:

  • Creating insurance and health maintenance organization (HMO) contracting requirements relating to the voluntary acceptance of payment rates for telehealth services to ensure that telehealth providers are aware of the reimbursement provisions through initialing any specific telehealth payment terms, if different from in-person services, effective January 1, 2020.”

Refer to the source provided for all requirements and limitations.

Payment Parity

We are not Aware of Any

However, FL Statute 641.31. HB 23 (2019 Session) “establishes a regulatory framework for telehealth under a new section of law, s. 456.47, F.S., including the following components:

  • Creating insurance and health maintenance organization (HMO) contracting requirements relating to the voluntary acceptance of payment rates for telehealth services to ensure that telehealth providers are aware of the reimbursement provisions through initialing any specific telehealth payment terms, if different from in-person services, effective January 1, 2020.”

Refer to the source provided for all requirements and limitations. 

Permission for the Temporary Practice of Clinicians Licensed Outside the State

Florida has provision for continued Practice of Clinicians Licensed Outside the State

Source: FL Statute 641.31. HB 23 (2019 Session)

REGISTRATION OF OUT-OF-STATE TELEHEALTH PROVIDERS.

(a) A health care professional not licensed in this state may provide health care services to a patient located in this state using telehealth if the health care professional registers with the applicable board, or the department if there is no board, and provides health care services within the applicable scope of practice established by Florida law or rule.

(b) The board, or the department if there is no board, shall register a health care professional not licensed in this state as a telehealth provider if the health care professional:

  1. Completes an application in the format prescribed by the department;
  2. Is licensed with an active, unencumbered license that is issued by another state, the District of Columbia, or a possession or territory of the United States and that is substantially similar to a license issued to a Florida-licensed provider specified in paragraph (1)(b); Has not been the subject of disciplinary action relating to his or her license during the 5-year period immediately prior to the submission of the application;...

Refer to the source provided for all requirements and limitations.

Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with a link to the source or a citation of the rule or regulation.

THTC Program Button

Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).

15 comments

  • Comment Link Datina Hall, LCSW-C Tuesday, 15 February 2022 17:37 posted by Datina Hall, LCSW-C

    I have a client who will be in Florida for 6 weeks. I am a licensed Clinical Social Worker from Maryland. Will I be able to provide teletherapy sessions to this client while she is in Florida? Do I need to fill out an application since I will only be providing service for 6 weeks?

  • Comment Link Beth Vanbeek Tuesday, 29 September 2020 09:32 posted by Beth Vanbeek

    Hello Sunny Notimoh,
    I am unaware of any specific training requirements/certification for FL LCSWs
    Our training will help you to confidently and effectively practice through the use of technology in a way that is compliant with your code of ethics, HIPAA, and licensing laws.
    It will also help you to select the appropriate technology to achieve that goal and ensures that you have developed the necessary clinical skills to make this method of offering services a really effective one for you and the client.
    By completing our THTC program you meet the training requirement to apply for the BC-TMH (Board Certified TeleMental Health Provider) credential
    Below is a link to the course objectives: https://telementalhealthtraining.com/thtc-certificate-courses/product/telemental-health-training-certificate-thtc-online-self-study#course-list-competencies-ce-hours

    Since each state and licensing board is different, we have pulled together a resource that lists rules and regulations for all of them: https://www.telementalhealthtraining.com/states-rules-and-regulations
    There are 2 other resources that have updated information (even temporary) with regard to the COVID-19 situation,
    The Center for Connected Health Policy: https://www.cchpca.org/
    https://www.ebglaw.com/content/uploads/2020/04/Changes-in-State-Professional-Licensure-Requirements-Due-to-COVID-19-Telemental-Health-Laws.pdf

  • Comment Link Sunny Notimoh Tuesday, 29 September 2020 08:23 posted by Sunny Notimoh

    I am a FL licensed LCSW. 1) Does this require any special training/CME, 2) Can I be in Georgia and provide counseling to my FL clients?

  • Comment Link Jacquelyn L. Lee Monday, 08 June 2020 11:32 posted by Jacquelyn L. Lee

    I am a licensed professional counselor practicing in Michigan. A client of mine will be spending a month in Florida, starting 6/11/2020. Is there a way for me to counsel her via telehealth? So far, I've been told by the Florida Board that I need to complete a Telehealth Training Program. If I do that, do I need to report this to the Florida Board? If so, how do I submit my results?

  • Comment Link Beth Spotts Tuesday, 28 April 2020 13:55 posted by Beth Spotts

    I moved to Florida, but I am still licensed in Maryland as an LCSW-C. Can I see Maryland clients via Telehealth through Betterhelp.com

  • Comment Link Mona Stribling Tuesday, 14 April 2020 11:31 posted by Mona Stribling

    I am a Florida licensed psychologist. Am I able to practice telehealth services across state lines, if my client is a resident of Florida and is located in the state of Florida at the time of interaction? In other words, can I be located outside of Florida at time of contact w/Florida resident who is located in the state of Florida?

  • Comment Link Telehealth Support Wednesday, 12 February 2020 11:41 posted by Telehealth Support

    @LAURA BOOTH
    Great question. There is no provisional license to practice telehealth. Telehealth is just a means by which clinicians offer services they are already authorized to provide. You can, however, develop the competencies and skills needed to provide telemental health services effectively and ethically through our THTC program: https://telementalhealthtraining.com/thtc-certificate-courses/product/telemental-health-training-certificate-thtc-online-self-study

    You should check with the board governing your licensure process to see if they will allow interns to offer any services via telehealth.

  • Comment Link LAURA BOOTH Tuesday, 11 February 2020 14:20 posted by LAURA BOOTH

    HOW DO I OBTAIN A PROVISIONAL LICENSE TO PERFORM TELEHEALTH ( I AM CERTIFIED BY THE FL. CERT. BOARD AS AN C-ET) AND I AM REGISTERING AS AN INTERN, I JUST RECEIVED MY MASTERS AND I WANT TO START DOING TELEHEALTH AS BEFORE 2 YEARS GOES BY WAITING TO TAKE THE LICENSURE EXAM!

  • Comment Link haley Sunday, 05 January 2020 18:35 posted by haley

    Licensed in the state of florida simply wanting to conduct Online therapy with Floridian located clients. I have simple practice for sessions for record keeping and it has video conferencing. What are the things I need to assure legal and ethical practices during my sessions as this will be my first time? Please feel free to check out my website as well to ad comments
    thank you in advance

  • Comment Link Sara Corry Wednesday, 18 December 2019 15:27 posted by Sara Corry

    I just spoke with someone at the Florida licensing board for mental health counselors re: providing tele MH services for my client who will be in FL for two months. I am licensed in Indiana and normally provide in-person services for this ct in Indiana. The man I spoke to said that if I provide less than 15 sessions per calendar year, there is no need to register with the State of Florida. Just thought I would pass that along.

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