Due to the massive spread of COVID-19, Florida has taken action to expand the availability of healthcare services it will now allow practitioners licensed in other states to provide, and allow the use of telehealth to diagnose and treat patients, in circumstances not previously permitted. However, there are limitations.
Through Executive Order No. 20-52, the Governor initially provided a very limited waiver of the in-state licensing requirement to allow out-of-state medical professionals and workers, social workers and counselors to render services in Florida, but only to persons affected by the emergency, and only if the services are rendered free of charge and under the auspices of the American Red Cross or the Florida Department of Health (“DOH”).
The Florida State Surgeon General has greatly expanded this waiver by DOH Emergency Order No. 20-002. The Emergency Order permits out-of-state health care professionals and advanced and basic life support professionals to provide the same or commensurate services as the Florida licensed health care practitioners specifically listed in the Emergency Order. The only limitations are that the provider’s out-of-state license must be valid, unrestricted and unencumbered, and the services provided must be “for purposes of preparing for, responding to, and mitigating any effect of” COVID-19.
Not all of these out-of-state providers are permitted to provide services via telehealth. Florida requires health care professionals who are not licensed in the state to register with the applicable Florida licensing board through an application process, unless the telehealth services are provided in response to an emergency medical condition or in consultation with a Florida licensed health care professional who has ultimate authority for patient care. Not all care to COVID-19 patients will be covered by these exemptions. The Governor’s Executive Order suspends the registration requirement for physicians, osteopathic physicians, physician assistants, and advanced practice registered nurses who maintain valid, clear and unrestricted out-of-state licenses and who are not under investigation or prosecution. By DOH Emergency Order No. 20-003, this suspension was expanded to include clinical social workers, marriage and family therapists, mental health counselors, and psychologists. All other health care professionals, such as licensed practical nurses and pharmacists, must register with the Board before providing telehealth services unless their services are provided under one of the exemptions.
It can be expected that additional orders, allowing greater access to care through out-of-state providers, will be forthcoming.
