Louisiana 2014 2014 Regular Session

Louisiana House Bill HB1003 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of
the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Ortego	HB No. 1003
Abstract: Expands the definition of telemedicine to include the use of asynchronous store-and-
forward technology by a health care practitioner, located at a site other than the site where
the patient is located, to provide a consultation relating to the health care diagnosis or
treatment of the patient.  
Present law defines "telemedicine" as the practice of health care delivery, diagnosis, consultation,
treatment, and transfer of medical data using interactive telecommunication technology that
enables a health care practitioner and a patient at two locations separated by distance to interact
via two-way video and audio transmissions simultaneously. 
Proposed law retains present law and expands the definition of  "telemedicine" to include the use
of asynchronous store-and-forward technology by a health care practitioner, located at a site other
than the site where the patient is located, to provide a consultation relating to the health care
diagnosis or treatment of the patient.
Present law provides that neither a telephone conversation nor an electronic mail message
between a health care practitioner and patient, or a true consultation constitutes telemedicine.
Proposed law retains present law but clarifies the phrase "true consultation" by changing it to
"informal consultation or second opinion".
Present law requires any person authorized by the La. State Board of Medical Examiners to
practice telemedicine to ensure that a La. licensed health care professional who can adequately
and accurately assist is in the examination room with the patient at the time the patient is
receiving telemedicine services. 
Proposed law retains present law but adds an exemption for the practice of telemedicine by a
health care practitioner, located at a site other than the site where the patient is located, using
asynchronous store-and-forward technology to provide a consultation relating to the health care
diagnosis or treatment of a patient.
Present law requires a physician, when examining a patient by telemedicine, to establish a bona
fide physician-patient relationship by conducting an appropriate examination of the patient as
determined by the board. 
Proposed law retains present law but further provides that an examination conducted for the purposes of providing a consultation relating to the health care diagnosis or treatment of a patient
shall not require that the physician or other health care professional be present with the patient
but may include but not be limited to review of any relevant history, examination by electronic
means using a secure video line, laboratory or diagnostic studies, review of diagnoses, or other
information deemed pertinent by the physician.
(Amends  R.S. 37:1262(4) and 1276.1(B)(2)(a); Adds R.S. 37:1271(B)(3))