Florida Board of Medicine to Reconsider Telemedicine Weight Loss Rule

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Foley & Lardner LLPThe Florida Board of Medicine will hold a rule development workshop to discuss updating the provisions of its rule for prescribing obesity drugs.  Under the current rule (Florida Administrative Code 64B8-9.012), a physician who prescribes, orders, or provides weight loss enhancers must have the patient undergo an in-person exam within 2 to 4 weeks of receiving a prescription, order, or dosage.  This in-person requirement has limited the use of telemedicine in Florida for clinical weight loss treatment.

Initially enacted in 1998, the rule has not been revised in more than 20 years.  The decision to revisit the rule follows Florida’s enactment of sweeping telemedicine legislation in 2019, transforming clinicians’ ability to use virtual care services when treating patients.  The law prompted the Medical Board to revisit its prior telemedicine practice rules, with this weight loss rule being the most recent. 

Read a copy of our comments here.

Rulemaking Workshop and Public Comments

The rulemaking workshop will be held on August 5, 2021 at 4955 Kyngs Heath Road, Kissimmee, Florida.  The public is invited to offer comments in person or via written submission.  Written submissions should be provided to the Board in advance of the workshop at the following email address: BOM.MeetingMaterials@flhealth.gov.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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