Physicians who provide telehealth services to Medicare patients should be aware that if Congress is not able to pass legislation before Oct. 1, 2025, that extends government funding, then the current Medicare telehealth flexibilities will lapse. This means that telehealth services would be limited to rural areas as they were before the COVID public health emergency and that patients would not be able to receive telehealth services in their homes. In addition, the ability to provide audio-only services to Medicare patients would lapse, as would the Acute Hospital Care at Home program.

In past government shutdowns, whenever Congress passed legislation to reopen the government, it made the funding and policies retroactive to the effective date of the shutdown. Physician practices may want to consider adjusting their patient schedules for telehealth services, however, as neither the likelihood nor the duration of a shutdown are known.

Phishing is an example of social engineering that attempts to trick you or someone else in your workplace into giving out sensitive information. Email phishing attacks are still a common occurrence, but we are hearing about more fraudulent fax requests being sent out to medical practices by bad actors.

CMS emphasized that it does not initiate audits by requesting medical records via fax. We urge physicians and practices to take steps to protect their data. If physicians receive a suspicious request, do not respond. CMS encourages you to work with your Medical Review Contractor if you receive a questionable or suspected fraudulent request to confirm if it is real.

Physicians can now preview their 2023 Merit-based Incentive Payment System (MIPS) performance information as it will appear later this year on the compare tool on Medicare.gov and in the Provider Data Catalog (PDC). Upon reviewing MIPS performance information and finding any errors, physicians may file a targeted review but must do so by June 25. Eligible physicians also now have the option to opt-out of having MIPS data publicly posted but only have until June 25 to inform the Centers for Medicare & Medicaid Services (CMS).

Publicly reported information includes MIPS and Qualified Clinical Data Registry quality measures, MIPS Promoting Interoperability measures and attestations, and MIPS improvement activities attestations. More information is available in this overview. Access to the secure preview is available on the QPP website through Wednesday, June 25, 2025, at 8 pm ET. For questions about how to access the preview or public reporting on the compare tool on Medicare.gov, contact the QPP Service Center by emailing QPP@cms.hhs.gov, submitting a QPP Service Center ticket, or calling 1-866-288-8292 (Monday–Friday, 8 am–8 pm ET).

Starting July 1, 2025, Florida law will require all licensed health care practitioners to complete a background screening when applying for a new license or renewing an existing one.

This includes physicians and advanced practice providers.
Exceptions: EMTs, paramedics, pharmacy interns, techs, and radiologic technologists—unless applying through the military spouse licensure pathway.

Here’s what you need to know:

Renewing your license?
Complete your background screening before your renewal window opens (90–120 days prior to your license expiration date).

Been screened before?
You can retain your fingerprints for $43.25 every five years. The retention window opens 75 days before your license expires and closes 15 days before.
Miss it, and you’ll need a new screening—at nearly twice the cost

Applying for a new license?
The background screening is required as part of the application process.

Learn more at www.FLHealthSource.gov. Click “Florida Boards” and select your licensing board for profession-specific guidance.

We’re sharing this now so you can plan ahead and avoid delays or added costs.

In an emergency, such as an evacuation for a hurricane, you may need to go to a special needs shelter. If you know or care for an individual with a disability or a special need, such as a medical condition that requires assistance but not hospitalization, it is important that you pre-register with the Florida Special Needs Shelter Registry. You will need to log in with an existing account or create a new account.

Registering through the Florida Special Needs Registry allows local emergency management officials to provide important information and quickly assist you during an emergency. For more information, contact your county’s emergency management office or visit the Florida Special Needs Registry. 

If you are eligible for a special needs shelter, your kit should include:

• List of medications and dosage
• A 30-day supply of medications
• Vital medical equipment for those who may be electrically or oxygen dependent,
• Backup energy sources for essential medical equipment
• Any special dietary needs or food
• Personal information including:
• Photo ID
• Insurance card
• List of emergency contacts
• Your primary care provider’s contact information

After completing the Florida Special Needs Registry, additional information will be provided to you by your local emergency management agency regarding evacuation and sheltering options available.

For more information on your local shelter status, please visit FloridaDisaster.org.

Health Care Providers

If you are a health care provider, please contact SNR@flhealth.gov to obtain a login for the special needs registry to ensure you are able to use all health care provider functions.

Source: FDOH

Hurricane Milton - Key Medicaid Information for Fee-for-Service and Managed Care Providers

Florida Medicaid recipients maintaining access to critical Medicaid services (e.g., durable medical equipment and supplies, home health services, hospital services, nursing facility services, chemotherapy, dialysis services, etc.) is imperative during the State of Emergency related to Hurricane Storm Milton. To this end, the Agency will ensure reimbursement for critical Medicaid services provided in good faith to eligible recipients who reside in the counties impacted by the storm.

Please continue providing services:

• The Agency will waive all prior authorization requirements for critical Medicaid services beginning October 7, 2024, until further notice.
• Early prescription refill edits have been lifted for all maintenance medications (Note: This does not apply to controlled substances).
• If a recipient requires critical Medicaid services beyond the limits stated in policy to maintain safety and health, providers can furnish the service.
• Preadmission Screening and Resident Review (PASRR) processes are postponed until further notice by the Agency.
• Retroactively performed screenings or resident reviews must document the reason for delay in the completion of PASRR requirements.
• The Agency is waiving the PASRR process for recipients who evacuated due to an evacuation order or power outage and are admitted and discharged during the storm.
• Transportation vendors should continue providing services to all Medicaid enrollees as long as they are able.

To read Governor Ron DeSantis’ executive orders related to Hurricane Milton, please visit here. 

A notice of emergency rule will publish on May 2, 2024 in Vol. 50/No. 87 of the Florida Administrative Register for 59AER24-1 Medical Records Procedures for Treatment of Premature Rupture of Membranes and Other Life Threatening Conditions.

The notice can be found on the Register's website at: https://www.flrules.org/. The emergency rule is also posted on our Rulemaking page: https://ahca.myflorida.com/health-care-policy-and-oversight/bureau-of-health-facility-regulation/rulemaking.

Scammers are posing as the Department and offering to provide licensees with “important information” concerning a temporary change to your license status.

This email did not originate from the Department.

Health care practitioners will never receive unsolicited calls or emails from the Department where personal information is requested, payments are demanded, or threats against your license are made. We want to protect our health care practitioners from fraud schemes. If you receive an email that looks suspicious, do not click on any links or attachments, or provide any personal information. 

Report the scam email by using your favorite internet browser to search for “Internet Crime Complaint Center (IC3)” and use the FBI webpage to provide information regarding the fraudulent email.

If you have any questions, please contact the Florida Department of Health at (850) 488-0595

Florida Medicaid Health Care Alert

November 9, 2022

Provider Type(s): ALL

Tropical Storm Nicole - Key Medicaid Information for Fee-for-Service and Managed Care Providers

Florida Medicaid recipients maintaining access to critical Medicaid services (e.g., durable medical equipment and supplies, home health services,hospital services, nursing facility services, chemotherapy, dialysis services, etc.) is imperative during the disaster period. To this end, the Agency will ensurereimbursement for critical Medicaid services provided in good faith to eligible recipients whoreside in the counties impacted by Tropical StormNicole.

Please continue providing services:

• The Agency will waive all prior authorization requirements for critical Medicaid servicesbeginning November 9,2022, untilfurther notice.
  • Early prescription refill edits have been lifted for all maintenance medications (Note: This does not apply to controlled substances).
• If a recipient requires critical Medicaid services beyond limits stated in policy to maintain safety and health, providers can furnish the service.
• The Agency is postponing all Preadmission Screening and Resident Review (PASRR) processes until further notice.
  • Retroactively performed screenings or resident reviews must document the reason for delay in the completion of PASRR requirements.
  • The Agency is waiving the PASRR process for recipients who evacuated due to an evacuation order or power outage and are admitted and discharged during the storm.

Additional information for providers is located on the Agency’s website, http://www.ahca.myflorida.com/.Click the Storm Informationbanner at the top of the page for more information.

Governor Ron DeSantis’ emergency executive orders that identify impacted counties are available onlineat https://www.flgov.com/2022-executive-orders.

Consistent with a request from the Florida Office of Insurance Regulation, The Doctors Company is providing our Florida members with a premium payment grace period that runs until November 28, 2022.

The grace period is provided without interest or penalty, so that members can focus on their patients and their practices in the aftermath of the storm.

The Doctors Company Member Services team will be happy to assist members with questions regarding their payments or premiums. Members are invited to sign in to their member accounts or call (800) 421-2368 and press 1 for Member Services.

Fentanyl is a powerful synthetic opioid up to 100 times more potent than morphine.  As little as two milligrams, about the size of 5 grains of salt, can be fatal.

Recent overdoses and deaths  have occurred following use of illicit drugs, including marijuana, cocaine, and counterfeit prescriptions, as a result of these illicit substances containing fentanyl or similar extremely potent compounds. Individuals may not be aware that these illicit substances contain fentanyl and can be fatal.

In 2020, more than 6,150 people died from overdoses involving fentanyl and fentanyl analogs in Florida.[1] For 2021, the latest provisional drug overdose death counts also indicate an increase in fatal overdoses caused by synthetic opioids.[2]

All Floridians are advised to remain vigilant of the signs of fentanyl overdose and current public risk, especially law enforcement, first responders, and health care providers.

What are the signs of an overdose?

An overdose involving fentanyl is similar to overdoses of other opioids, but it can initiate much faster and stronger than a typical opioid overdose. Overdose signs include:

• Small, constricted "pinpoint pupils."
• Falling asleep or losing consciousness.
• Slow, weak, or not breathing.
• Choking or gurgling sounds.
• Limp body.
• Cold and/or clammy skin.
• Discolored skin, especially lips and nails.

 What to do if you think someone is overdosing?

1. Call 911 Immediately.
2. Administer naloxone, if available.
3. Try to keep the person awake and breathing.
4. Lay the person on their side to prevent choking.
5. Stay with the person until emergency assistance arrives.

What is naloxone?

Naloxone is a life-saving medication that can reverse an overdose from opioids, including heroin, fentanyl, and prescription opioid medications.[3] There are two forms of naloxone that anyone can use without medical training or authorization, nasal spray and an auto injector. Naloxone quickly reverses an overdose by blocking the effects of opioids. It can restore normal breathing within 2 to 3 minutes in a person whose breathing has slowed or even stopped due to an opioid overdose.[4] More than one dose of naloxone may be required when more potent opioids like fentanyl are involved.[5]

HEROS (Helping Emergency Responders Obtain Support) is a Florida Department of Health program that provides  free  naloxone to emergency response agencies. Since the inception of the program in 2018, over 455,000 doses have been distributed to emergency response agencies in Florida through HEROS. All first responders in Florida are eligible to request free naloxone through this program. More information can be found here.

If you or your organization are interested in obtaining or managing naloxone for the community, please visit I SAVE FL to find available resources through the Florida Department of Children and Families.

There are two types of fentanyl: Pharmaceutical fentanyl and illicitly manufactured fentanyl.[6]

What is pharmaceutical fentanyl?

Pharmaceutical fentanyl was developed to manage intense pain after surgery and is sometimes used to treat patients with chronic pain who are physically tolerant to other opioids.[7] Fentanyl may be administered as a shot, a patch placed on the skin or used as a lozenge. In prescription form, it is known by such names as Actiq®, Duragesic®, and Sublimaze®.[8]

What is illicitly manufactured fentanyl?

Illicitly manufactured fentanyl, which is most often associated with recent overdoses, is found in various forms including powder and liquid. This can be sold illegally as a powder dropped onto blotter paper, put in eye droppers and nasal sprays, or made into pills that look like other prescription opioids.[9] Fentanyl may be added to illicit drugs during their production without the drug user's knowledge.[10] According to a US Drug Enforcement Administration warning in September 2021, illegal drugs are usually made to look like prescription pills, available online, and sold through social media.[11]

What are the commonly used street names for illicitly manufactured fentanyl?

Apache, China Girl, China Town, China White, Dance Fever, Goodfellas, Great Bear, He-Man, Jackpot, Murder 8, and Tango and Cash.[12]

Where is assistance available?

The Hope for Healing website is a tool for Floridians to access help for mental health and substance abuse. The site is an aggregator of federal, state, local, private sector, faith-based and non-profit resources. The Hope for Healing initiative has focused not only on helping Floridians find resources in challenging times through state and local partnerships that use evidence-based best practices, but on addressing the stigma that is all too often associated with seeking help. Learn more here.

Hope Florida - A Pathway to Prosperity utilizes ‘Care Navigators’ to guide Floridians on an individualized path to prosperity by focusing on community collaboration between the private sector, faith-based community, nonprofits and government entities to break down traditional community silos, in an effort to maximize resources and uncover opportunities. ‘Care Navigators’ can help individuals identify their unique and immediate barriers to prosperity, develop long term-goals, and map out a strategic plan including finding support for those contending with substance use disorders. Learn more here.

[1] 2020 Medical Examiners Commission Drug Report. Available at: 2020 Annual Drug Report

[2] Florida Department of Health (2022) Bureau of Vital Statistics.

[3] Life-Saving Naloxone from Pharmacies. (2019). Centers for Disease Control and Prevention. https://www.cdc.gov/vitalsigns/naloxone/index.html

[4] Harm Reduction TO — Naloxone: Overdose Reversal https://harmreductionto.ca/naloxone

[5] Opioid Overdose Prevention Toolkit. (2018). Substance Abuse and Mental Health Services. https://store.samhsa.gov/sites/default/files/d7/priv/sma18-4742.pdf

[6] Centers for Disease Control and Prevention, Fentanyl Facts. Available at: https://www.cdc.gov/stopoverdose/fentanyl/index.html

[7] US Drug Enforcement Administration, Available at: Fentanyl (dea.gov)

[8] National Institute on Drug Abuse, Available at: Fentanyl | National Institute on Drug Abuse (NIDA)

[9] ID. 3

[10] Public Health warns of rise in opioid overdose visits to emergency departments, November 24, 2021. Available at https://clark.wa.gov/public-health/public-health-warns-rise-opioid-overdose-visits-emergency-departments

[11] DEA warns of sharp increase in fake prescription pills laced with fentanyl and meth, September 28, 2021. Available at: DEA warns of sharp increase in fake prescription pills laced with fentanyl and meth - CNN

[12] US Drug Enforcement Administration. Available at Drug Fact Sheet: Fentanyl (dea.gov)

Tallahassee, Fla. — Last week, First Lady Casey DeSantis brought together the Florida Department of Children and Families Secretary Shevaun Harris, State Surgeon General Dr. Joseph Ladapo and law enforcement to discuss the recent increases in overdoses associated with fentanyl in Gadsden County.

Following that meeting, Florida Department of Children and Families (DCF) and Florida Department of Health (DOH) worked together to deploy public awareness materials regarding the dangers of substance abuse, specifically fentanyl-laced drugs. Responding to overdose requires education and readily available resources at the hands of communities, families, law enforcement, emergency medical services, and health care providers.

Today, educational materials are being deployed statewide to ensure Floridians are aware of the signs of overdose and how to respond. Print and digital materials can be downloaded here. A public health and safety alert was also deployed by DOH on July 8, 2022 to ensure Floridians remain vigilant of the signs of overdose. This alert can be found here.

“When a person is suffering from a substance use disorder, it can be difficult to know where to turn,” said DCF Secretary Shevaun Harris. “Families and individuals can feel lost, but there are many resources available to help in every community across the state. Whether it’s finding a treatment program, recovery support or just someone to talk to, we can help connect individuals to supports that may save a life. By partnering with the First Lady and DOH we are working to ensure that these services are more prominent, available, and accessible than ever before.”

“Substance use disorder significantly impacts the health and lives of individuals suffering from it,” said State Surgeon General Dr. Joseph Ladapo. “Increasing awareness of drug abuse and available resources can help save Floridians from devastating and fatal health consequences. Our collaboration with DCF and alongside our communities is an essential part of the state’s continuing efforts to provide assistance and comprehensive resources to save lives together."

For questions regarding potential overdoses and other drug-related exposures, Florida’s Poison Control Centers are a valuable resource to individuals throughout Florida, including emergency personnel.  Poison Control Centers are staffed by health care professionals that are specifically trained to provide assistance in treating drug overdoses or assessing patients exposed to drugs of abuse. Medical toxicologists are available 24/7 for physician consultations.  For poisoning questions or emergencies, call 1-800-222-1222.  Visit the website at floridapoisoncontrol.org.

HEROS (Helping Emergency Responders Obtain Support) is a DOH program that provides free naloxone to emergency response agencies. Since the inception of the program in 2018, over 455,000 doses have been distributed to emergency response agencies in Florida through HEROS. All first responders in Florida are eligible to request free naloxone through this program. More information can be found here.

If you or your organization are interested in obtaining or managing naloxone for the community, please visit I SAVE FL to find available resources through DCF.

About the Florida Department of Health

The Florida Department of Health, nationally accredited by the Public Health Accreditation Board, works to protect, promote and improve the health of all people in Florida through integrated state, county and community efforts.

http://www.flhealthsource.gov/pdf/DOH-EO-20-015.pdf 

This requirement will be in effect for physicians as well as physicians in training and medical students.   

The state has not mandated a specific consent form that must be used. 

The penalties for failure to secure consent are significant. 

We strongly encourage physicians that perform such exams to become familiar with the new requirements. 

A complete copy of the legislation is attached here

The bill analysis can be reviewed here

Christine Sexton

TALLAHASSEE --- In the midst of the coronavirus outbreak, the Florida Legislature on Wednesday passed bills that would expand the roles that advanced nurses and pharmacists play in the state’s health-care system, including allowing pharmacists to test and treat patients for the flu and strep throat and treat people with chronic medical conditions.

The bills, which now go to Gov. Ron DeSantis, were a top priority of House Speaker Jose Oliva and passed after an intense lobbying tug-of-war between health care groups. Physician groups, including the Florida Medical Association, have long fought proposals such as allowing advanced practice registered nurses to practice independently of doctors.

One of the bills passed Wednesday would expand the role of pharmacists, allowing them to enter agreements with physicians to treat patients for chronic illnesses, including arthritis, asthma, chronic obstructive pulmonary diseases, Type 2 diabetes, HIV, AIDS, obesity or “any other chronic condition” adopted in rules. The measure also would allow pharmacists to treat for influenza, streptococcus, lice, skin conditions and minor, uncomplicated infections.

The Senate passed the pharmacy bill (HB 389) in a 28-12 vote, with the measure then getting final approval in a 98-17 vote in the House.

Senate sponsor Travis Hutson, R- St. Augustine, said the bill would provide additional options for people who require health care.

“All I want to be able to do in this bill, is allow individuals if they don’t want to go to an urgent care clinic and wait, to (instead) go to a simple pharmacy, have them do a simple test and then order up a treatment,” Hutson said.

But Sen. Gayle Harrell, R-Stuart, noted physicians and pharmacists receive different training and that the training reflects in how they deliver care.

“I have a great deal of concern with the educational level (of pharmacists) and the ability to diagnose, the ability to recognize what you don’t know when you see a patient,” said Harrell, whose late husband was a physician.

Senate Minority Leader Sen. Audrey Gibson said she understands that increasing access to health care is a priority for Oliva, R-Miami Lakes, but said the pharmacy bill wasn’t the best way to accomplish that.

“We don’t give more access to sick people, people with chronic diseases or the indigent in any community, if they don’t have access to a doctor,” said Gibson, D-Jacksonville. “I just don’t think this is going in the right direction.”

Health care attorney and lobbyist Chris Nuland said the pharmacy bill caught people off guard. Nuland’s clients include the Florida Society of Plastic Surgeons and the Florida Chapter, American College of Surgeons, among others. Nuland said physicians were expecting a push by Oliva to allow advanced practice registered nurses to practice independently but not the push for more authority for pharmacists.

The pharmacist bill, Nuland said, “has kind of been the surprise of the session.”

Shortly after passing the pharmacist bill, the Senate and House backed a bill (HB 607) that would allow advanced practice registered nurses to provide primary care independently of physicians and for certified nurse midwives to work autonomously.

The bill also includes $5 million for a loan repayment program for advanced practice registered nurses who work in primary-care health professional shortage areas or county health departments, community health centers, migrant health centers or any other publicly funded health care programs designated by the state.  

The advanced nurse bill cleared the Senate in a 30-10 vote and was approved by the House in a 107-8 vote..

Independent practice for advanced nurses has been a longstanding priority for Oliva, and the bill had overwhelming support in the House. The Senate has traditionally had strong relationships with physician groups and was more hesitant to move ahead with the changes.

But Senate Health and Human Services Appropriations Chairman Aaron Bean, R-Fernandina Beach, said the state needs to expand the roles that advanced practice registered nurses play.

“Doctors can’t be everywhere all the time. So, members, we are going to allow Floridians better access and increased access to getting treatment,” he told senators.

But Harrell said the expansion of authority for advanced practice registered nurses would violate the No. 1 rule for physicians.

“This presents a real danger to patients,” she said. “The first rule in medicine, members, is to do no harm. And I am very concerned that we are really doing harm to patients.”

The lobbying battles over the bill spilled over from the Capitol to social media, winding up with Oliva on Wednesday demanding the top executive of the Florida Medical Association issue an apology to Rep. Cary Pigman, an Avon Park Republican who spearheaded the advanced practice registered nurse bill. The speaker’s demand came after FMA Chief Executive Officer Tim Stapleton tweeted a reminder that Pigman had once been charged with driving under the influence.

The final version of the advanced nurses bill was something of a compromise between the House and Senate. For instance, the bill doesn’t include independent practice for physician assistants or certified registered nurse anesthetists, which Oliva had sought.

The Florida Association of Nurse Anesthetists released a statement after the bill’s passage calling it a good first step.

“Although we are disappointed that the legislation did not include certified registered nurse anesthetists … we are pleased that some of Florida’s (advanced practice nurses) will be able to practice autonomously,” the group said in a prepared statement. “Passage of this bill demonstrates Florida’s commitment to modernizing the way health care is being delivered in our state by ensuring that Floridians have full access to health care, particularly in rural areas that are often underserved.”

 Nevertheless, Nuland said his physician clients don’t support the measure.

 “We’re asking for a veto,” Nuland said.

Effective Jan. 1, 2020, SB 732 will require any office in which a physician performs certain liposuction procedures, or Level II or Level III office surgery, to have a designated physician who is responsible for ensuring compliance with the laws and rules governing office surgeries and to demonstrate financial responsibility equal to the minimum required for physicians.

Each registered office surgery center must update its registration by the Jan. 1 deadline, and there will not be a grace period for compliance. Read the FMA’s update to ensure that your facility will be prepared to meet the deadline.

FMA members who need more information can contact our Legal Department at legal@FLmedical.org or (800) 762-0233.

The senate companion, SB 1192, was filed by Sen. Aaron Bean and initially mirrored the version filed by Rep. Mariano.  The FMA, FOMA and the state specialty societies met with both sponsors to explain the problems with mandatory electronic prescribing and requested numerous changes to the legislation.

While Rep. Mariano refused to make any changes to her bill, Sen. Bean agreed to several amendments to HB 831 after it passed the House.   The end product, while still problematic, was a major improvement over the original bill.

A full summary of HB 831 follows:

HB 831 applies to any health care practitioner licensed by law to prescribe a medicinal drug and sets forth the following general rule for prescribing:

If you are licensed to prescribe a medicinal drug, and you:

(1)    Maintain a system of electronic health records; or

(2)    Are an owner, employee or contractor of a licensed health care facility or practice that maintains a system of electronic health records and are prescribing in your capacity as an owner, employee or contractor of the licensed health care facility;

then you must electronically transmit your prescriptions, unless an exception applies.

The exceptions are as follows:

(a)    The prescriber and the dispenser are the same entity.

(b)   The prescription cannot be transmitted electronically under the most recently implemented version of the National Council for Prescription Drug Programs SCRIPT standard.

(c)    The prescriber has been issued a waiver by the Department of Health (if you can demonstrate economic hardship, technological limitations outside of your control, or another exceptional circumstance, you can get a waiver from DOH for no more than 1 year).

(d)   The prescriber reasonably determines that it would be impractical for the patient in question to obtain a medicinal drug via an electronic prescription and such delay would adversely impact the patient’s health.

(e)   The prescriber is prescribing a drug under a research protocol.

(f)     The prescription is for a drug for which the FDA requires the prescription to contain elements that may not be included in electronic prescribing.

(g)    The prescription is issued to a hospice patient or a nursing home resident.

(h)   The prescriber, or the patient, determines that it is in the patient’s best interest to compare prescription drug prices among area pharmacies (this must be documented in the medical record).

Based on this language then, if you are a physician that does not “maintain” an EHR, or work for a licensed health care facility or practice that does, you will not have to electronically prescribe when this mandate becomes effective.  If you do maintain an EHR, then arguably you will have to prescribe electronically, unless an exception applies, even if you are prescribing for a patient for whom you do not have an EHR (for example, if you are providing free care at a health fair – in which case exception (d) may well apply).  If there are any questions about this requirement, please contact the FMA legal department at legal@flmedical.org.

The bill tasks the Board of Pharmacy, in consultation with the other boards of professions that can prescribe medicinal drugs, with developing rules to implement this bill.  The FMA will work to ensure that these rules do not unduly burden the practice of medicine.

WHEN DOES THIS ELECTRONIC PRESCRIBING MANDATE TAKE EFFECT?

It is important to note that federal law already requires that on or after January 1, 2021, every prescription for a covered Part D Schedule II, III, IV or V controlled substance must be transmitted electronically (subject to certain exceptions similar to the ones above).[i]  The FMA argued that HB 831 was unnecessary given the federal requirement, but that if the state insisted on expanding on federal law, the effective dates should be the same. 

Not an entity predisposed to making things easy, the legislature ignored this request and instead provided that HB 831, if signed by the Governor, shall take effect on January 1, 2020.  However, the mandate to electronically prescribe contained in HB 831 does not apply to prescribers until the renewal of their license or by July 1, 2021, whichever is earlier. 

For osteopathic physicians, this means that the electronic prescribing mandate will apply to them by March 31^st, 2020, the last day to renew their license after the effective date of this bill.

For allopathic physicians, the situation is more complicated.  Licensure renewal is split into two groups – the deadline for the even numbered year group is January 31, 2020.  The deadline for the odd numbered year group is January 31, 2021.  For the odd numbered year group, the electronic prescribing mandate will be effective by January 31, 2021 at the latest.

For the even numbered year group, the effective date of the mandate will depend on when exactly the physician renews their license.  Generally, a physician can renew up to 90 days prior to the deadline.  Thus, if an MD renews their license prior to January 1, 2020, then the electronic prescribing mandate would not apply until July 1, 2021.  If the MD renews their license on or after January 1, 2020, then the mandate to electronically prescribe would be effective on the date of renewal.

This calculation is based on a plain reading of the bill.  If any of the boards reach a different interpretation of when the mandate is effective, the FMA will advise our members immediately, and depending on the interpretation, may take legal action.