Tessic Health

FL · STATE RULES

Telehealth rules in Florida

Florida lets a brand's clinicians treat patients by live video, phone or asynchronous review, provided the evaluation is enough to diagnose and treat under F.S. 456.47. The friction sits in the details: an E-FORCSE check before any controlled-substance prescription for a patient 16 or older, electronic transmission for every prescription, no telehealth Schedule II outside four settings, and a 72-hour refund statement on free or discounted offers. Out-of-state clinicians may register with the Department of Health instead of licensing.

Book a DemoAll states
First visit
Async allowed
Physician license
IMLC or telehealth registration
Controlled drugs
Schedule II only in 4 settings
Nurse practitioners
Restricted practice

Rules checked September 2026 · 27 sources cited

ONLY IN FLORIDA

What is different about Florida

Each rule here is true of Florida and of none of the states that border it. Beside each one: what the neighbours do instead.

  1. 01 · Prescribing

    E-FORCSE check from age 16

    Before prescribing or dispensing any controlled substance to a patient aged 16 or older, the prescriber or a designee must review the patient's history in E-FORCSE, Florida's prescription-monitoring database (PDMP). The only carve-outs are nonopioid Schedule V drugs, hospice patients and a system outage. A first miss draws a nondisciplinary citation; later misses are disciplined.

    Source: F.S. 893.055(8)

    Across the border

    • Georgia

      Georgia's PDMP check under O.C.G.A. 16-13-63 covers only Schedule II drugs and benzodiazepines, at the first prescription and then every 90 days, and skips supplies of three days and 26 pills or fewer.

      Source: O.C.G.A. 16-13-63

    • Alabama

      Alabama ties PDMP review to dose: under 30 morphine milligram equivalents a day it is left to clinical judgment, above 30 it is twice a year, and only above 90 is it required with every prescription.

      Source: Alabama Board of Medical Examiners, prescribing guidance

  2. 02 · Prescribing

    Every prescription goes electronic

    F.S. 456.42(3) requires a prescriber who keeps electronic health records to transmit every medicinal-drug prescription electronically, not only controlled substances. The eight exceptions are narrow, among them a same-entity prescriber and dispenser, a Department of Health waiver, hospice or nursing-home patients, a delay that would harm the patient, and a documented choice to compare prices among area pharmacies.

    Source: F.S. 456.42(3)

    Across the border

    • Georgia

      Georgia sets no e-prescribing mandate. O.C.G.A. 16-13-41 still accepts written Schedule II prescriptions, allows Schedule III–V orders written or oral, and only permits electronic transmission under pharmacy board rules.

      Source: O.C.G.A. 16-13-41

    • Alabama

      Alabama's medical board still accepts a Schedule II prescription written in ink or printed and manually signed, as an alternative to an approved e-prescribing platform, so paper remains lawful there.

      Source: Alabama Board of Medical Examiners, prescribing guidance

  3. 03 · Advertising

    Free offers need a 72-hour notice

    An ad for a free, discounted or reduced-fee service, exam or treatment must print the F.S. 456.062 statement in capital letters: the patient may refuse to pay, cancel payment or be reimbursed for any other service performed as a result of, and within 72 hours of, responding to the ad. A free or discounted first consult is the usual trigger.

    Source: F.S. 456.062

    Across the border

  4. 04 · Advertising

    Sales texts need written consent

    The Florida Telephone Solicitation Act, F.S. 501.059, counts a text message as a telephonic sales call. Sales texts sent through an automated system that selects and dials numbers need the recipient's prior express written consent, and recipients may sue for $500 per violation, tripled if willful, once they reply STOP and the sender keeps texting past 15 days.

    Source: F.S. 501.059

    Across the border

    • Georgia

      Georgia's telephone-solicitation law, O.C.G.A. 46-5-27, defines a solicitation as a voice communication and targets calls to numbers on the state do-not-call list; texts and autodialer consent are not addressed.

      Source: O.C.G.A. 46-5-27

    • Alabama

      Alabama's Telephone Solicitation Act (Ala. Code 8-19C) reaches voice calls only; a federal court in Underwood v. IFA Holdings held it does not cover text messages.

      Source: TCPAWorld on Underwood v. IFA Holdings (N.D. Ala.)

  5. 05 · Licenses

    Some nurse practitioners may work alone

    An APRN with 3,000 clinical practice hours in the prior five years, graduate pharmacology and differential-diagnosis coursework, and malpractice cover of $100,000 per claim and $300,000 a year may register for autonomous practice under F.S. 464.0123. Autonomy is limited to primary care, meaning family medicine, general pediatrics and general internal medicine, plus midwifery.

    Source: F.S. 464.0123

    Across the border

PRACTICE RULES

How telehealth works in Florida

F.S. 456.47 is Florida's telehealth statute, and it holds a remote clinician to the standard of an in-person Florida clinician. It covers synchronous and asynchronous tools and excludes only email and fax.

  1. 01

    Same bar as an office visit

    Under F.S. 456.47(2)(a), a telehealth provider must practice within scope and to the prevailing standard for in-person care of patients in Florida. The Board of Medicine's older telemedicine rule, 64B8-9.0141, was repealed once the statute took effect, so the statute is now the governing text for physicians and registrants alike.

    Source: F.S. 456.47

  2. 02

    Phone visits count

    Florida's definition of telehealth once excluded audio-only telephone calls; an amendment struck that exclusion, and the statute now carves out only email messages and fax transmissions. An audio-only visit therefore meets the Florida practice definition, while coverage by any payer is set separately.

    Source: F.S. 456.47(1)(a)

  3. 03

    Care happens where the patient is

    F.S. 456.47(3) requires a telehealth chart to meet the same documentation standard as an in-person visit. Under 456.47(5), care is deemed delivered where the patient is located, and a civil or administrative action may be filed in the patient's county of residence or in Leon County.

    Source: F.S. 456.47(3), (5)

  4. 04

    Lay owners are allowed

    Florida has no statute barring the corporate practice of medicine (CPOM) for physicians, though it does bar it for dentistry and optometry. Under the Health Care Clinic Act, an entity that provides care and tenders charges for reimbursement needs an AHCA clinic license unless an exemption applies, such as being wholly owned by licensed practitioners.

    Source: F.S. 400.9905

  5. 05

    No percentage fees for marketing

    F.S. 458.331(1)(i) disciplines a physician for any split-fee arrangement tied to referrals. In the Bakarania declaratory statement, later upheld on appeal, the Board of Medicine held that paying a management company a percentage of revenue for marketing and practice growth is fee splitting, while a reasonable flat fee is not.

    Source: F.S. 458.331(1)(i)

FIRST VISIT

Can a first visit happen without a live call in Florida?

Yes

Yes. F.S. 456.47(2)(b) lets a provider whose evaluation is sufficient to diagnose and treat skip a prior exam and history review, and the statute's definition of telehealth includes asynchronous technology.

Florida's statute makes the first-visit test an evaluation sufficient to diagnose and treat, not a set modality. A weight-loss rule and the Schedule II limit add conditions for particular drugs.

  1. 01

    No exam needed first

    If the telehealth evaluation is enough to diagnose and treat, F.S. 456.47(2)(b) says the provider need not research the patient's medical history or perform a physical examination before treating. A questionnaire-led visit is measured against that test and the in-person standard in 456.47(2)(a).

    Source: F.S. 456.47(2)

  2. 02

    Weight-loss drugs add steps

    Board of Medicine Rule 64B8-9.012 covers any drug, compound or supplement a physician prescribes for weight loss, GLP-1s included: a BMI of 30, or above 27 with a comorbidity, written informed consent, an initial physical and complete history with tests, and re-evaluation at least every 3 months. How its physical-assessment wording fits an async-only intake is unsettled; have counsel review.

    Source: Fla. Admin. Code R. 64B8-9.012

  3. 03

    Registrants meet the same test

    A clinician on the Department of Health's out-of-state telehealth registry is held to the same 456.47(2) evaluation standard, and the Florida board that registered them may reprimand, suspend or revoke the registration under 456.47(4)(i) for any ground in the matching Florida practice act.

    Source: F.S. 456.47(4)

PRESCRIBING

Prescriptions and controlled drugs in Florida

Florida adds its own controlled-substance rules to the federal DEA framework, whose telemedicine flexibilities run through December 31, 2026. Dispensers report each controlled fill to E-FORCSE by the close of the next business day under F.S. 893.055(3).

  1. 01

    Schedule II: four settings only

    F.S. 456.47(2)(c) bars prescribing a Schedule II drug by telehealth unless it treats a psychiatric disorder, is for inpatient care at a Florida-licensed hospital, or is for a hospice patient or nursing-home resident. Schedule III–V drugs, such as testosterone (Schedule III under F.S. 893.03(3)(d)) and phentermine (Schedule IV), fall outside this limit.

    Source: F.S. 456.47(2)(c)

  2. 02

    APRNs: 7 days of Schedule II

    Under F.S. 464.012(3), a Florida APRN may prescribe a Schedule II drug only up to a 7-day supply, except psychiatric medications prescribed by psychiatric nurses. Controlled psychiatric drugs for patients under 18 are reserved to APRNs who are also psychiatric nurses.

    Source: F.S. 464.012(3)

  3. 03

    Acute pain opioids: 3 days

    F.S. 456.44 caps a Schedule II opioid for acute pain at a 3-day supply, or 7 days when the prescriber writes "ACUTE PAIN EXCEPTION" on the prescription and documents the reason. A prescriber treating chronic nonmalignant pain must designate as a controlled substance prescribing practitioner on the Department of Health profile.

    Source: F.S. 456.44

  4. 04

    Two-hour course each renewal

    Every DEA-registered prescriber must complete a board-approved 2-hour course on prescribing controlled substances at each biennial Florida renewal under F.S. 456.0301. From July 1, 2026, the course must also cover treating pain in patients with sickle cell disease.

    Source: F.S. 456.0301

Federal rules apply on top of every state's. Prescribing controlled substances by telehealth without an in-person visit runs on DEA flexibilities currently extended through December 31, 2026, with a permanent rule still pending.

LICENSES

Who can treat patients in Florida

A clinician treating a patient located in Florida needs a Florida license, a compact-issued Florida license or a Department of Health telehealth registration. The registration route is open to most licensed professions, not only physicians.

  1. 01

    Register instead of licensing

    Under F.S. 456.47(4), a clinician with an active, unencumbered license elsewhere and no discipline in the past five years may register on Form DH5037-MQA, which carries no application fee. Physicians must name a Florida registered agent and carry at least $100,000 per claim and $300,000 aggregate in malpractice cover.

    Source: Florida DOH, Form DH5037-MQA

  2. 02

    No Florida office for registrants

    A registrant may not open an office in Florida or see Florida patients in person (456.47(4)(f)) and must report any discipline or license restriction from any state within 5 business days. The Department of Health publishes each registrant's license, five-year discipline record and malpractice carrier online.

    Source: F.S. 456.47(4)

  3. 03

    Florida is a compact state

    Florida joined the Interstate Medical Licensure Compact (IMLC), which lets a qualifying physician apply once for separate state licenses, through Senate Bill 7016, codified at F.S. 456.4501. The Board of Medicine confirms Florida has onboarded with the IMLC Commission and verifies eligibility for compact applicants.

    Source: Florida Board of Medicine, IMLC

  4. 04

    Most NPs work under protocol

    Outside autonomous registration, a Florida APRN practices within an established protocol while a Florida physician or dentist maintains supervision of the course of treatment (F.S. 464.012). That career-long supervision is the basis for the restricted practice class.

    Source: F.S. 464.012

  5. 05

    Shipping pharmacies register

    An out-of-state pharmacy that ships, mails or delivers a dispensed drug into Florida must register with the Board of Pharmacy as a nonresident pharmacy under F.S. 465.0156, hold its home-state license, and staff a toll-free line at least 6 days and 40 hours a week.

    Source: F.S. 465.0156

ADVERTISING

Marketing to patients in Florida

Florida polices health marketing through the practice acts, the criminal Patient Brokering Act and its own telemarketing statute. Per-patient marketing fees are the arrangement most likely to cross a line.

  1. 01

    No paying per patient

    The Patient Brokering Act, F.S. 817.505, makes it a felony for anyone, licensed or not, to pay or receive a commission, bonus, kickback or split fee to induce patient referrals, whoever the payer. Fines start at $50,000, and 20 or more patients makes it a first-degree felony with a $500,000 fine. Discounts within federal safe harbors are excepted.

    Source: F.S. 817.505

  2. 02

    Kickbacks count as brokering

    F.S. 456.054 bars any payment by a provider to induce referrals that is not tax-deductible as an ordinary and necessary business expense, and sends violations to the patient-brokering penalties in F.S. 817.505.

    Source: F.S. 456.054

  3. 03

    Fees must show every variable

    Board of Medicine Rule 64B8-11.001 treats a physician ad as misleading if it creates unjustified expectations or quotes a fee without disclosing all variables that affect it. False, deceptive or misleading advertising is also a discipline ground under F.S. 458.331(1)(d).

    Source: Fla. Admin. Code R. 64B8-11.001

  4. 04

    Specialty claims need a statement

    A physician citing specialty recognition from a group the Florida Board of Medicine does not recognize must add that the recognition "has been received from a private organization not affiliated with or recognized by the Florida Board of Medicine," under Rule 64B8-11.001.

    Source: Fla. Admin. Code R. 64B8-11.001

TESSIC HEALTH IN FLORIDA

How Tessic Health's providers cover Florida

Tessic Health's providers treat Florida patients under the brand's name, and the brand owns the patients, records and data. Each practice below follows from a Florida statute or rule.

  1. 01

    E-FORCSE before controlled scripts

    An E-FORCSE report is reviewed before each controlled-substance prescription for a Florida patient 16 or older, including testosterone and other Schedule III–V drugs, as F.S. 893.055(8) requires.

  2. 02

    Every Florida script is electronic

    Every prescription for a Florida patient, controlled or not, reaches the pharmacy by e-prescribing, with EPCS for controlled drugs, in line with the all-drug mandate in F.S. 456.42(3).

  3. 03

    No telehealth Schedule II

    No Schedule II drug is prescribed to a Florida patient by telehealth unless the case fits a F.S. 456.47(2)(c) exception, such as treatment of a psychiatric disorder.

  4. 04

    Licensed or registered for Florida

    Each clinician who treats a Florida patient holds a Florida license, a compact-issued Florida license or an active Department of Health telehealth registration, and pharmacies shipping into Florida hold F.S. 465.0156 nonresident registration.

  5. 05

    Weight-loss checks every 3 months

    Florida weight-loss patients sign written informed consent before a first prescription and receive a documented re-evaluation at least every 3 months, following Board of Medicine Rule 64B8-9.012.

COMMON QUESTIONS

Questions about telehealth in Florida

  • Yes, if the evaluation is enough to diagnose and treat. F.S. 456.47(2)(b) removes any required prior exam or history review, and asynchronous tools count as telehealth. Weight-loss prescribing adds Rule 64B8-9.012's written consent and 3-month re-evaluation.

  • Yes, through a Department of Health telehealth registration under F.S. 456.47(4) that has no application fee. The registrant needs a Florida registered agent and malpractice cover, and may not open a Florida office or see patients in person.

  • Yes. The telehealth ban in F.S. 456.47(2)(c) covers Schedule II only, and testosterone is Schedule III under F.S. 893.03. An E-FORCSE check is still required first for any patient 16 or older, and the prescription must be sent electronically.

  • Yes. F.S. 456.062 requires a capital-letter statement that the patient may refuse to pay, cancel or be reimbursed for other services performed within 72 hours of responding to a free or discounted offer.

  • Only with prior express written consent when an automated system selects and dials the numbers. F.S. 501.059 counts texts as sales calls and lets recipients recover $500 per violation after a STOP reply and a 15-day cure period.

  • Yes. Florida has no corporate practice of medicine bar for physicians, though a non-practitioner-owned entity that tenders charges for reimbursement needs an AHCA clinic license under F.S. 400.9905, and percentage-of-revenue marketing fees risk fee-splitting discipline.

SOURCES

Rules checked September 2026 · 27 sources cited. A planning summary, not legal advice. Statutes, board rules and enforcement priorities change; a brand's own counsel should review its model and marketing before launch.

OTHER STATES

Rules in other states

Each state page is researched from that state's own statutes and board rules.

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