HLS 14RS-646 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1003
BY REPRESENTATIVE ORTEGO
HEALTH CARE: Provides relative to telemedicine
AN ACT1
To amend and reenact R.S. 37:1262(4) and 1276.1(B)(2)(a) and to enact R.S. 37:1271(B)(3),2
relative to telemedicine; to amend the definition of telemedicine to include the use3
of asynchronous store-and-forward technology for certain consultations; to exempt4
certain consultations from requiring the presence of a licensed Louisiana health care5
professional; to require an appropriate examination of a patient; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 37:1262(4) and 1276.1(B)(2)(a) are hereby amended and reenacted9
and R.S. 37:1271(B)(3) is hereby enacted to read as follows: 10
§1262. Definition11
As used in this Part the following words and phrases shall have the meanings12
ascribed to them:13
* * *14
(4) "Telemedicine" means the practice of health care delivery, diagnosis,15
consultation, treatment, and transfer of medical data using interactive16
telecommunication technology that enables a health care practitioner and a patient17
at two locations separated by distance to interact via two-way video and audio18
transmissions simultaneously. Telemedicine shall also include the use of19
asynchronous store-and-forward technology by a health care practitioner, located at20
a site other than the site where the patient is located, to provide a consultation21
relating to the health care diagnosis or treatment of the patient. Neither a telephone22 HLS 14RS-646 ORIGINAL
HB NO. 1003
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are additions.
conversation nor an electronic mail message between a health care practitioner and1
patient, or a true consultation an informal consultation or second opinion as may be2
defined by rules promulgated by the board pursuant to the Administrative Procedure3
Act, constitutes telemedicine for the purposes of this Part.4
* * *5
§1271. License to practice medicine or telemedicine required6
* * *7
B.8
* * *9
(3) The provisions of Paragraph (2) of this Subsection shall not apply to the10
practice of telemedicine by a health care practitioner, located at a site other than the11
site where the patient is located, using asynchronous store-and-forward technology12
to provide a consultation relating to the health care diagnosis or treatment of a13
patient.14
* * *15
§1276.1. Telemedicine license16
* * *17
B. The board shall establish by rule in accordance with the Administrative18
Procedure Act the requirements for licensure under this Section provided the rules19
include the following:20
* * *21
(2) The physician, when examining a patient by telemedicine, shall establish22
a bona fide physician-patient relationship by:23
(a) Conducting an appropriate examination of the patient as determined by24
the board. An examination conducted pursuant to this Paragraph for the purposes of25
providing a consultation relating to the health care diagnosis or treatment of a patient26
shall not require that the physician or other health care professional be present with27
the patient but may include but not be limited to review of any relevant history,28 HLS 14RS-646 ORIGINAL
HB NO. 1003
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examination by electronic means using a secure video line, laboratory or diagnostic1
studies, review of diagnoses, or other information deemed pertinent by the physician.2
* * *3
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))