Florida Passes Invoice to Permit Telehealth Renewals for Medical Marijuana


On Might 4, 2023, the Florida Legislature handed HB 387 increasing using telehealth for medical marijuana recertification. As soon as signed by Florida Governor, Ron Desantis, the brand new regulation will turn out to be efficient July 1, 2023.

The regulation doesn’t change the present requirement {that a} doctor should conduct an in-person, bodily examination of an affected person earlier than issuing a preliminary certification for the medical use of marijuana – that means physicians could not situation an preliminary certification for medical marijuana by way of a telemedicine examination. After that first in-person examination, nonetheless, the brand new regulation expressly permits the doctor to conduct renewal consultations with the sufferers remotely utilizing telehealth. Telehealth is outlined to incorporate each synchronous and asynchronous telecommunications expertise, as these phrases are outlined below part 456.47, Florida Statutes. These recertification exams are required at the least each 30 weeks (210 days).

Permitting sufferers and suppliers to make use of telehealth for medical marijuana recertifications was beforehand permitted in Florida on a brief foundation below emergency guidelines put in place in the course of the COVID-19 pandemic. HB 387 makes that short-term coverage everlasting, which expired in June 2020, and permits sufferers to as soon as once more renew their medical marijuana certification by visiting with their doctor by way of a telehealth appointment.

If a doctor violates the statutes governing medical marijuana, the brand new invoice authorizes the Division of Well being to droop the non-compliant doctor from the medical marijuana use registry for as much as two years. Notably, the doctor additionally will be suspended if they supply, promote, or market telehealth companies earlier than the brand new invoice’s efficient date of July 1, 2023.

It is usually vital to notice the brand new Florida regulation doesn’t immunize violations of federal regulation or any non-medical use, possession, or manufacturing of marijuana. We are going to proceed to observe modifications to Florida legal guidelines and laws on this situation.

Wish to Study Extra?

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Foley is right here that will help you handle the short- and long-term impacts within the wake of regulatory modifications. For extra data on telemedicine, telehealth, digital care, distant affected person monitoring, digital well-being, and different well-being improvements, together with the staff, publications, and consultant expertise, go to Foley’s Telemedicine & Digital Well being Trade Crew or our Well being Care Apply Group.


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