So my question is, is the current ruling left standing until the final opinion is released, and does it apply outside the 11th circuit’s boundaries?
My understanding is that the rulings by the 3 judge panel are undone by the decision to hear the case en banc. That leaves the district court ruling intact, which declares that doctors have a free speech right to ask any questions they like and place that data anywhere they want, essentially. If the first amendment covers their questions, is certainly covers them transmitting the information elsewhere.
So we will have to see what the whole 11th Circuit decides on the matter, and it could well take many months.
In the 9th Circuit a year or a year and a half for an en banc ruling is not unusual.