Bill Text: FL S0700 | 2021 | Regular Session | Comm Sub
Bill Title: Telehealth
Spectrum: Bipartisan Bill
Status: (Failed) 2021-04-30 - Died in Appropriations [S0700 Detail]
Download: Florida-2021-S0700-Comm_Sub.html
Florida Senate - 2021 CS for SB 700 By the Committee on Health Policy; and Senator Rodriguez 588-02182-21 2021700c1 1 A bill to be entitled 2 An act relating to telehealth; amending s. 409.908, 3 F.S.; requiring the Agency for Health Care 4 Administration to reimburse the use of telehealth 5 services under certain circumstances and subject to 6 certain limitations; requiring providers to include 7 certain documentation in patient records and notes; 8 authorizing certain out-of-state providers to receive 9 reimbursement for telehealth services; providing an 10 exception; amending s. 456.47, F.S.; revising the 11 definition of the term “telehealth”; authorizing 12 telehealth providers to prescribe specified controlled 13 substances through telehealth under certain 14 circumstances; authorizing nonphysician health care 15 practitioners to satisfy a certain supervision 16 requirement through telehealth; amending ss. 458.347 17 and 459.022, F.S.; revising the definition of the term 18 “supervision”; amending s. 465.003, F.S.; revising the 19 definition of the term “pharmacy”; revising 20 construction of the term “not present and on duty”; 21 amending s. 465.014, F.S.; authorizing registered 22 pharmacy technicians to compound and dispense 23 medicinal drugs under certain circumstances; providing 24 an exception to certain supervision limitations; 25 amending s. 465.015, F.S.; providing applicability; 26 exempting certain registered pharmacy technicians from 27 specified prohibitions; creating s. 465.0198, F.S.; 28 defining the term “supervising pharmacy”; providing 29 for the permitting of remote-site pharmacies; 30 requiring a licensed or consultant pharmacist to serve 31 as the prescription department manager of a remote 32 site; requiring remote-site pharmacies to notify the 33 Department of Health of a change in the pharmacy’s 34 prescription department manager within a specified 35 timeframe; providing requirements for remote-site 36 pharmacies; providing that remote-site pharmacies are 37 not considered pharmacy locations for purposes of 38 network access in managed care programs; authorizing 39 remote-site pharmacies to store, hold, and dispense 40 medicinal drugs; prohibiting remote-site pharmacies 41 from performing centralized prescription filling; 42 requiring prescription department managers to visit 43 remote sites, based on a certain schedule, to perform 44 specified tasks; authorizing registered pharmacists to 45 serve as prescription department managers for up to 46 three remote-site pharmacies under certain 47 circumstances; amending s. 465.022, F.S.; exempting 48 registered pharmacists serving as prescription 49 department managers for remote-site pharmacies from 50 certain practice limitations; amending s. 465.0265, 51 F.S.; providing applicability; amending s. 465.1893, 52 F.S.; providing additional long-acting medications 53 pharmacists may administer under certain 54 circumstances; revising requirements for a continuing 55 education course such pharmacists must complete; 56 amending s. 468.1225, F.S.; revising minimum 57 procedures and equipment requirements for fitting and 58 selling hearing aids; amending s. 468.1265, F.S.; 59 revising a prohibition on the sale or distribution of 60 hearing aids through the mail; amending s. 484.0501, 61 F.S.; revising minimum procedures and equipment 62 requirements for fitting and selling hearing aids; 63 amending s. 484.054, F.S.; revising a prohibition on 64 the sale or distribution of hearing aids through the 65 mail; amending s. 893.05, F.S.; prohibiting telehealth 66 providers from prescribing specified controlled 67 substances through telehealth; providing an effective 68 date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Present subsections (22) through (26) of section 73 409.908, Florida Statutes, are redesignated as subsections (23) 74 through (27), respectively, and a new subsection (22) is added 75 to that section, to read: 76 409.908 Reimbursement of Medicaid providers.—Subject to 77 specific appropriations, the agency shall reimburse Medicaid 78 providers, in accordance with state and federal law, according 79 to methodologies set forth in the rules of the agency and in 80 policy manuals and handbooks incorporated by reference therein. 81 These methodologies may include fee schedules, reimbursement 82 methods based on cost reporting, negotiated fees, competitive 83 bidding pursuant to s. 287.057, and other mechanisms the agency 84 considers efficient and effective for purchasing services or 85 goods on behalf of recipients. If a provider is reimbursed based 86 on cost reporting and submits a cost report late and that cost 87 report would have been used to set a lower reimbursement rate 88 for a rate semester, then the provider’s rate for that semester 89 shall be retroactively calculated using the new cost report, and 90 full payment at the recalculated rate shall be effected 91 retroactively. Medicare-granted extensions for filing cost 92 reports, if applicable, shall also apply to Medicaid cost 93 reports. Payment for Medicaid compensable services made on 94 behalf of Medicaid eligible persons is subject to the 95 availability of moneys and any limitations or directions 96 provided for in the General Appropriations Act or chapter 216. 97 Further, nothing in this section shall be construed to prevent 98 or limit the agency from adjusting fees, reimbursement rates, 99 lengths of stay, number of visits, or number of services, or 100 making any other adjustments necessary to comply with the 101 availability of moneys and any limitations or directions 102 provided for in the General Appropriations Act, provided the 103 adjustment is consistent with legislative intent. 104 (22) Subject to any limitations or directions provided in 105 the General Appropriations Act, the agency shall reimburse the 106 use of telehealth as defined by s. 456.47, to include services 107 provided in real time, services provided using store-and-forward 108 technologies, and remote patient monitoring services to the 109 extent that these technologies are available. 110 (a) Providers using any modality described in this 111 subsection must ensure that treatment services are medically 112 necessary and performed within a provider’s scope of practice 113 and any applicable supervision requirements. 114 (b) Providers must include documentation regarding the use 115 of telehealth in the medical record or progress notes for each 116 encounter with a recipient. 117 (c) Out-of-state providers who are registered under s. 118 456.47(4) and enrolled in Florida Medicaid as an out-of-state 119 provider may be reimbursed for telehealth services provided to 120 recipients in this state. 121 (d) Reimbursement under this subsection does not cover the 122 purchase of any general telecommunications equipment that is not 123 specific to or used solely for the provision of telehealth, 124 including, but not limited to, computers, tablets, cell phones, 125 smartphones, or any other similar equipment or device. 126 Section 2. Paragraph (a) of subsection (1) and paragraph 127 (c) of subsection (2) of section 456.47, Florida Statutes, are 128 amended, and paragraph (f) is added to subsection (2) of that 129 section, to read: 130 456.47 Use of telehealth to provide services.— 131 (1) DEFINITIONS.—As used in this section, the term: 132 (a) “Telehealth” means the use of synchronous or 133 asynchronous telecommunications technology by a telehealth 134 provider to provide or supervise the provision of health care 135 services, including, but not limited to, assessment, diagnosis, 136 consultation, treatment, and monitoring of a patient; transfer 137 of medical data; patient and professional health-related 138 education; public health services; and health administration. 139 The term includesdoes not includeaudio-only telephone calls, 140 personal e-mail messages,orfacsimile transmissions, and any 141 other nonpublic-facing telecommunications technology. 142 (2) PRACTICE STANDARDS.— 143 (c) A telehealth provider, acting within the scope of his 144 or her practice and in accordance with chapter 893, maynotuse 145 telehealth to prescribe a controlled substance listed in 146 Schedule III, Schedule IV, or Schedule V of s. 893.03unless the147controlled substance is prescribed for the following:1481. The treatment of a psychiatric disorder;1492. Inpatient treatment at a hospital licensed under chapter150395;1513. The treatment of a patient receiving hospice services as152defined in s. 400.601; or1534. The treatment of a resident of a nursing home facility154as defined in s. 400.021. 155 (f) A nonphysician health care practitioner, including, but 156 not limited to, an advanced practice registered nurse, a 157 certified registered nurse anesthetist, or a physician 158 assistant, who is required to maintain a formal supervisory 159 relationship with a physician may satisfy such requirement 160 through telehealth. 161 Section 3. Paragraph (f) of subsection (2) of section 162 458.347, Florida Statutes, is amended to read: 163 458.347 Physician assistants.— 164 (2) DEFINITIONS.—As used in this section: 165 (f) “Supervision” means responsible supervision and 166 control. Except in cases of emergency, supervision requires the 167 easy availability or physical presence of the licensed physician 168 for consultation and direction of the actions of the physician 169 assistant. For the purposes of this definition, the term “easy 170 availability” includes the ability to communicate by way of 171 telehealth as defined in s. 456.47(1)telecommunication. The 172 boards shall establish rules as to what constitutes responsible 173 supervision of the physician assistant. 174 Section 4. Paragraph (f) of subsection (2) of section 175 459.022, Florida Statutes, is amended to read: 176 459.022 Physician assistants.— 177 (2) DEFINITIONS.—As used in this section: 178 (f) “Supervision” means responsible supervision and 179 control. Except in cases of emergency, supervision requires the 180 easy availability or physical presence of the licensed physician 181 for consultation and direction of the actions of the physician 182 assistant. For the purposes of this definition, the term “easy 183 availability” includes the ability to communicate by way of 184 telehealth as defined in s. 456.47(1)telecommunication. The 185 boards shall establish rules as to what constitutes responsible 186 supervision of the physician assistant. 187 Section 5. Subsection (11) of section 465.003, Florida 188 Statutes, is amended to read: 189 465.003 Definitions.—As used in this chapter, the term: 190 (11)(a) “Pharmacy” includes a community pharmacy, an 191 institutional pharmacy, a nuclear pharmacy, a special pharmacy, 192andan Internet pharmacy, and a remote-site pharmacy. 193 1. The term “community pharmacy” includes every location 194 where medicinal drugs are compounded, dispensed, stored, or sold 195 or where prescriptions are filled or dispensed on an outpatient 196 basis. 197 2. The term “institutional pharmacy” includes every 198 location in a hospital, clinic, nursing home, dispensary, 199 sanitarium, extended care facility, or other facility, 200 hereinafter referred to as “health care institutions,” where 201 medicinal drugs are compounded, dispensed, stored, or sold. 202 3. The term “nuclear pharmacy” includes every location 203 where radioactive drugs and chemicals within the classification 204 of medicinal drugs are compounded, dispensed, stored, or sold. 205 The term “nuclear pharmacy” does not include hospitals licensed 206 under chapter 395 or the nuclear medicine facilities of such 207 hospitals. 208 4. The term “special pharmacy” includes every location 209 where medicinal drugs are compounded, dispensed, stored, or sold 210 if such locations are not otherwise defined in this subsection. 211 5. The term “Internet pharmacy” includes locations not 212 otherwise licensed or issued a permit under this chapter, within 213 or outside this state, which use the Internet to communicate 214 with or obtain information from consumers in this state and use 215 such communication or information to fill or refill 216 prescriptions or to dispense, distribute, or otherwise engage in 217 the practice of pharmacy in this state. Any act described in 218 this definition constitutes the practice of pharmacy as defined 219 in subsection (13). 220 6. The term “remote-site pharmacy” or “remote site” 221 includes every location where medicinal drugs are compounded or 222 dispensed by a registered pharmacy technician who is remotely 223 supervised by an off-site pharmacist acting in the capacity of a 224 prescription department manager. 225 (b) The pharmacy department of any permittee shall be 226 considered closed whenever a Florida licensed pharmacist is not 227 present and on duty. The term “not present and on duty” may 228shallnot be construed to prevent any of the following: 229 1. A pharmacist from exiting the prescription department 230 for the purposes of consulting or responding to inquiries or 231 providing assistance to patients or customers. 232 2. A pharmacist from,attending to personal hygiene needs. 233 3. A pharmacist from, orperforming any other function for 234 which the pharmacist is responsible, provided that such 235 activities are conducted in a manner consistent with the 236 pharmacist’s responsibility to provide pharmacy services. 237 4. An off-site pharmacist, acting in the capacity of a 238 prescription department manager, from remotely supervising a 239 registered pharmacy technician at a remote-site pharmacy. 240 Section 6. Subsection (1) of section 465.014, Florida 241 Statutes, is amended to read: 242 465.014 Pharmacy technician.— 243 (1) A person other than a licensed pharmacist or pharmacy 244 intern may not engage in the practice of the profession of 245 pharmacy, except that a licensed pharmacist may delegate to 246 pharmacy technicians who are registered pursuant to this section 247 those duties, tasks, and functions that do not fall within the 248 purview of s. 465.003(13), and a registered pharmacy technician 249 operating under remote supervision of an off-site pharmacist 250 under s. 465.0198 may compound and dispense medicinal drugs 251 under such supervision. All such delegated acts must be 252 performed under the direct supervision of a licensed pharmacist 253 who is responsible for all such acts performed by persons under 254 his or her supervision. A registered pharmacy technician, under 255 the supervision of a pharmacist, may initiate or receive 256 communications with a practitioner or his or her agent, on 257 behalf of a patient, regarding refill authorization requests. A 258 licensed pharmacist may not supervise more than one registered 259 pharmacy technician, except as provided in s. 465.0198 or unless 260 otherwise permitted by the guidelines adopted by the board. The 261 board shall establish guidelines to be followed by licensees or 262 permittees in determining the circumstances under which a 263 licensed pharmacist may supervise more than one pharmacy 264 technician. 265 Section 7. Paragraph (b) of subsection (1) and paragraph 266 (b) of subsection (2) of section 465.015, Florida Statutes, are 267 amended to read: 268 465.015 Violations and penalties.— 269 (1) It is unlawful for any person to own, operate, 270 maintain, open, establish, conduct, or have charge of, either 271 alone or with another person or persons, a pharmacy: 272 (b) In which a person not licensed as a pharmacist in this 273 state or not registered as an intern in this state or in which 274 an intern who is not acting under the direct and immediate 275 personal supervision of a licensed pharmacist fills, compounds, 276 or dispenses any prescription or dispenses medicinal drugs. This 277 paragraph does not apply to any person who owns, operates, 278 maintains, opens, establishes, conducts, or has charge of a 279 remote site pursuant to s. 465.0198. 280 (2) It is unlawful for any person: 281 (b) To fill, compound, or dispense prescriptions or to 282 dispense medicinal drugs if such person does not hold an active 283 license as a pharmacist in this state, is not registered as an 284 intern in this state,oris an intern not acting under the 285 direct and immediate personal supervision of a licensed 286 pharmacist, or is not a registered pharmacy technician at a 287 remote-site pharmacy acting under remote supervision of a 288 licensed pharmacist pursuant to s. 465.0198. 289 Section 8. Section 465.0198, Florida Statutes, is created 290 to read: 291 465.0198 Remote-site pharmacy permits.— 292 (1) As used in this section, the term “supervising 293 pharmacy” means a pharmacy licensed in this state which employs 294 a licensed pharmacist who remotely supervises a registered 295 pharmacy technician at a remote-site pharmacy. 296 (2) Any person desiring a permit to operate a remote-site 297 pharmacy must apply to the department. If the board certifies 298 that the application complies with the laws and rules of the 299 board, the department must issue the permit. A permit may not be 300 issued unless a licensed pharmacist or consultant pharmacist is 301 designated as the prescription department manager responsible 302 for the oversight of the remote site. The permittee must notify 303 the department within 10 days after any change of the 304 prescription department manager. 305 (3) A remote-site pharmacy must comply with all of the 306 following: 307 (a) Be jointly owned by or operated under a contract with a 308 supervising pharmacy. 309 (b) Maintain a video surveillance system that records 310 continuously 24 hours per day and retain video surveillance 311 recordings for at least 45 days. 312 (c) Display a sign visible to the public indicating that 313 the location is a remote-site pharmacy and that the facility is 314 under 24-hour video surveillance. 315 (d) Maintain a policies and procedures manual, which must 316 be made available to the board or its agent upon request, and 317 must include, but need not be limited to, all of the following: 318 1. A description of how the pharmacy will comply with 319 federal and state laws and rules. 320 2. The procedures for supervising the remote site and 321 counseling its patients. 322 3. The procedures for reviewing the prescription drug 323 inventory and drug records maintained by the remote site. 324 4. The policies and procedures for providing security 325 adequate to protect the confidentiality and integrity of patient 326 information. 327 5. The written plan for recovery from an event that 328 interrupts or prevents the prescription department manager from 329 supervising the remote site’s operation. 330 6. The procedures for use of the state prescription drug 331 monitoring program by the prescription department manager before 332 he or she may authorize the dispensing of any controlled 333 substance. 334 7. The procedures for maintaining a perpetual inventory of 335 the controlled substances listed in s. 893.03(2). 336 8. The specific duties, tasks, and functions that 337 registered pharmacy technicians are authorized to perform at the 338 remote site. 339 (4) A remote-site pharmacy is not considered a pharmacy 340 location for purposes of network access in managed care 341 programs. 342 (5) A remote-site pharmacy may store, hold, or dispense any 343 medicinal drug. 344 (6) A remote-site pharmacy may not perform centralized 345 prescription filling as defined in s. 465.003(16). 346 (7) The prescription department manager must visit the 347 remote site, based on a schedule determined by the board, to 348 inspect the pharmacy, address personnel matters, and provide 349 clinical services for patients. 350 (8) A registered pharmacist may serve as the prescription 351 department manager for up to three remote-site pharmacies that 352 are under common control of the same supervising pharmacy. 353 Section 9. Paragraph (c) of subsection (11) of section 354 465.022, Florida Statutes, is amended to read: 355 465.022 Pharmacies; general requirements; fees.— 356 (11) A permittee must notify the department of the identity 357 of the prescription department manager within 10 days after 358 employment. The prescription department manager must comply with 359 the following requirements: 360 (c) A registered pharmacist may not serve as the 361 prescription department manager in more than one location, 362 except as authorized under s. 465.0198, unless approved by the 363 board. 364 Section 10. Subsection (1) of section 465.0265, Florida 365 Statutes, is amended to read: 366 465.0265 Centralized prescription filling.— 367 (1) A pharmacy licensed under this chapter may perform 368 centralized prescription filling for another pharmacy, provided 369 that the pharmacies have the same owner or have a written 370 contract specifying the services to be provided by each 371 pharmacy, the responsibilities of each pharmacy, and the manner 372 in which the pharmacies will comply with federal and state laws, 373 rules, and regulations. This subsection does not apply to a 374 remote-site pharmacy. 375 Section 11. Section 465.1893, Florida Statutes, is amended 376 to read 377 465.1893 Administration of long-actingantipsychotic378 medication by injection.— 379 (1)(a) A pharmacist, at the direction of a physician 380 licensed under chapter 458 or chapter 459, may administer a 381 long-acting antipsychotic medication or an extended-release 382 medication indicated to treat opioid use disorder, alcohol use 383 disorder, or other substance use disorder or dependency, 384 including, but not limited to, buprenorphine, naltrexone, or 385 other medications that have been approved by the United States 386 Food and Drug Administration by injection to a patient if the 387 pharmacist: 388 1. Is authorized by and acting within the framework of an 389 established protocol with the prescribing physician. 390 2. Practices at a facility that accommodates privacy for 391 nondeltoid injections and conforms with state rules and 392 regulations regarding the appropriate and safe disposal of 393 medication and medical waste. 394 3. Has completed the course required under subsection (2). 395 (b) A separate prescription from a physician is required 396 for each injection administered by a pharmacist under this 397 subsection. 398 (2)(a) A pharmacist seeking to administer along-acting399antipsychoticmedication described in paragraph (1)(a)by400injectionmust complete an 8-hour continuing education course 401 offered by: 402 1. A statewide professional association of physicians in 403 this state accredited to provide educational activities 404 designated for the American Medical Association Physician’s 405 Recognition Award (AMA PRA) Category 1 Credit or the American 406 Osteopathic Association (AOA) Category 1-A continuing medical 407 education (CME) credit; and 408 2. A statewide association of pharmacists. 409 (b) The course may be offered in a distance learning format 410 and must be included in the 30 hours of continuing professional 411 pharmaceutical education required under s. 465.009(1). The 412 course shall have a curriculum of instruction that concerns the 413 safe and effective administration of behavioral health, 414 addiction, and antipsychotic medications by injection, 415 including, but not limited to, potential allergic reactions to 416 such medications. 417 Section 12. Subsections (1) through (4) of section 418 468.1225, Florida Statutes, are amended to read: 419 468.1225 Procedures, equipment, and protocols.— 420 (1) The following minimal procedures mustshallbe used 421 when a licensed audiologist fits and sells a hearing aid unless 422 the client is 18 years of age or older and provides a medical 423 clearance or a waiver of medical examination: 424 (a) Pure tone audiometric testing by air and bone to 425 determine the type and degree of hearing deficiency when 426 indicated. 427 (b) Effective masking when indicated. 428 (c) Appropriate testing to determine speech reception 429 thresholds, speech discrimination scores, the most comfortable 430 listening levels, uncomfortable loudness levels, and the 431 selection of the best fitting arrangement for maximum hearing 432 aid benefit when indicated. 433 (2) The following equipment mustshallbe used unless the 434 client is 18 years of age or older and provides a medical 435 clearance or a waiver of medical examination: 436 (a) A wide range audiometer thatwhichmeets the 437 specifications of the American National Standards Institute for 438 diagnostic audiometers when indicated. 439 (b) A speech audiometer or a master hearing aid in order to 440 determine the most comfortable listening level and speech 441 discrimination when indicated. 442 (3) A final fitting ensuring physical and operational 443 comfort of the hearing aid mustshallbe made when indicated. 444 (4) A licensed audiologist who fits and sells hearing aids 445 mustshallobtain the following medical clearance: If, upon 446 inspection of the ear canal with an otoscope in the common 447 procedure of fitting a hearing aid orandupon interrogation of 448 the client, there is any recent history of infection or any 449 observable anomaly, the client mustshallbe instructed to see a 450 physician, and a hearing aid mayshallnot be fitted until 451 medical clearance is obtained for the condition noted. If, upon 452 return, the condition noted is no longer observable and the 453 client signs a medical waiver, a hearing aid may be fitted. Any 454 person with a significant difference between bone conduction 455 hearing and air conduction hearing must be informed of the 456 possibility of medical or surgical correction. 457 Section 13. Section 468.1265, Florida Statutes, is amended 458 to read: 459 468.1265 Sale or distribution of hearing aids through mail; 460 penalty.—It is unlawful for any person to sell or distribute 461 hearing aids through the mail to the ultimate consumer who is 462 younger than 18 years of age. Any person who violates this 463 section commits a misdemeanor of the second degree, punishable 464 as provided in s. 775.082 or s. 775.083. 465 Section 14. Subsections (1) through (4) of section 466 484.0501, Florida Statutes, are amended to read: 467 484.0501 Minimal procedures and equipment.— 468 (1) The following minimal procedures mustshallbe used in 469 the fitting and selling of hearing aids unless the client is 18 470 years of age or older and provides a medical clearance or a 471 waiver of medical examination: 472 (a) Pure tone audiometric testing by air and bone to 473 determine the type and degree of hearing deficiency. 474 (b) Effective masking when indicated. 475 (c) Appropriate testing to determine speech reception 476 thresholds, speech discrimination scores, the most comfortable 477 listening levels, uncomfortable loudness levels, and the 478 selection of the best fitting arrangement for maximum hearing 479 aid benefit. 480 (2) The following equipment mustshallbe used unless the 481 client is 18 years of age or older and provides a medical 482 clearance or a waiver of medical examination: 483 (a) A wide range audiometer thatwhichmeets the 484 specifications of the American National Standards Institute for 485 diagnostic audiometers. 486 (b) A speech audiometer or a master hearing aid in order to 487 determine the most comfortable listening level and speech 488 discrimination. 489 (3) For clients younger than 18 years of age, a final 490 fitting ensuring physical and operational comfort of the hearing 491 aid mustshallbe made. For all other clients, such final 492 fitting must be made when indicated. 493 (4) The following medical clearance mustshallbe obtained: 494 If, upon inspection of the ear canal with an otoscope in the 495 common procedure of a hearing aid fitter orandupon 496 interrogation of the client, there is any recent history of 497 infection or any observable anomaly, the client mustshallbe 498 instructed to see a physician, and a hearing aid mayshallnot 499 be fitted until medical clearance is obtained for the condition 500 noted. If, upon return, the condition noted is no longer 501 observable and the client signs a medical waiver, a hearing aid 502 may be fitted. Any person with a significant difference between 503 bone conduction hearing and air conduction hearing must be 504 informed of the possibility of medical correction. 505 Section 15. Section 484.054, Florida Statutes, is amended 506 to read: 507 484.054 Sale or distribution of hearing aids through mail; 508 penalty.—It is unlawful for any person to sell or distribute 509 hearing aids through the mail to the ultimate consumer who is 510 younger than 18 years of age. Any violation of this section 511 constitutes a misdemeanor of the second degree, punishable as 512 provided in s. 775.082 or s. 775.083. 513 Section 16. Paragraph (e) is added to subsection (1) of 514 section 893.05, Florida Statutes, to read: 515 893.05 Practitioners and persons administering controlled 516 substances in their absence.— 517 (1) 518 (e) A telehealth provider as defined in s. 456.47 may not 519 prescribe through telehealth a controlled substance listed in 520 Schedule I or Schedule II of s. 893.03. 521 Section 17. This act shall take effect July 1, 2021.