Telephones are now an allowable method of technology for telehealth in Florida, effective July 1, 2023. Under HB267, which was unanimously passed by the legislature and signed into law by the governor, Florida law now redefines telehealth to permit the use of “audio-only telephone calls” for all telehealth visits other than when used to prescribe a Schedule II controlled substance.
Prior to July 1, 2023, Florida expressly prohibited providers to render telehealth services to their patients using audio-only telephones, e-mail messages, or facsimile transmissions. The new law now removes the prohibition on using audio-only telephones for telehealth visits, except for prescribing Schedule II controlled substances. Providers are still prohibited from providing telehealth services using e-mails or facsimile transmissions, and the restrictions for prescribing Schedule II medications remain.
Florida law considers anabolic steroids (i.e., any drug or hormonal substance, chemically and pharmacologically related to testosterone) as a Schedule III controlled substance. With HB267 signed into law, providers who prescribe anabolic steroids can now do so via audio-only telephone calls with their patients. This relieves a burden on telehealth providers who prescribe testosterone to their patients and were previously required to use synchronous or asynchronous telecommunication technology to provide such healthcare services. These providers can now confidently prescribe anabolic steroids over a telephone call knowing that they are compliant with Florida law. Other requirements, however, such as documenting a patient’s medical records, must be complied with when using telehealth.
In addition to Florida law, providers should keep in mind that federal law has its own restrictions to prescribing controlled substances using telehealth. The Drug Enforcement Agency (“DEA”) issued a Temporary Rule that briefly expanded the ability to prescribe controlled substances without an in-person evaluation, and subject to certain conditions. It is important to note that this Rule is only temporary, and the DEA indicated that it will be issuing a final rule in the coming months that will change the federal requirements of prescribing controlled substances through telehealth. Providers practicing telehealth in Florida must comply with both federal and Florida rules governing telehealth.
Florida’s expansion of telehealth to include telephone calls changes the telehealth landscape tremendously. Telehealth providers in Florida now can lawfully prescribe Schedule III medications, including testosterone, in their practice through a phone call with a patient.
