Simon (HB 1280) Act No. 442
Existing 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 healthcare practitioner and a patient at two locations separated by
distance to interact via two-way video and audio transmissions simultaneously.
Prior law required any person authorized by the La. State Board of Medical Examiners
(LSBME) to practice telemedicine to ensure that a licensed healthcare professional who can
adequately and accurately assist is in the examination room with the patient at the time such
patient is receiving telemedicine services.
New law requires any physician practicing telemedicine, except for those physicians
practicing pursuant to a telemedicine license, to use the same standard of care as if the
healthcare services were provided in person.
New law further provides that a telemedicine provider, except for those physicians practicing
pursuant to a telemedicine license, shall not be required to conduct an in-person patient
history or physical examination of the patient before engaging in a telemedicine encounter
if all of the following conditions are met:
(1)The physician practicing telemedicine holds an unrestricted license to practice
medicine in La.
(2)The physician practicing telemedicine has access to the patient's medical records
upon consent of the patient.
(3)The physician practicing telemedicine maintains a physical practice location within
the state of La. or executes an affirmation with the LSBME that the physician has an
arrangement with another physician who maintains a physical practice location in
Louisiana to provide for referrals and follow up care which may be necessary.
New law prohibits, unless authorized by the LSBME, a physician practicing telemedicine
from prescribing any controlled dangerous substance prior to conducting an appropriate in-
person patient history or physical examination of the patient as determined by the LSBME.
New law provides that a patient receiving telemedicine services may be in any location at the
time that the telemedicine services are rendered and a telemedicine provider may be in any
location when providing telemedicine services to a patient.
New law requires a telemedicine provider to document the telemedicine services rendered
in the patient's medical records according to the same standard as that required for
nontelemedicine services. Medical records, including video, audio, electronic, or other
records generated as a result of providing telemedicine services shall be considered as
confidential and shall be subject to all applicable state and federal laws and regulations
relative to the privacy of health information.
New law defines "telehealth" as a mode of delivering healthcare services that utilizes
information and communication technologies to enable the diagnosis, consultation,
treatment, education, care management, and self-management of patients at a distance from
healthcare providers and which allows services to be accessed when providers are in a distant
site and patients are in the originating site. Telehealth facilitates patient self-management
and caregiver support for patients and includes synchronous interactions and asynchronous
store and forward transfers.
New law authorizes each state agency or professional or occupational licensing board or
commission that regulates the practice of a healthcare provider to promulgate any rules
necessary to provide for, promote, and regulate the use of telehealth in the delivery of
healthcare services within the scope of practice regulated by the licensing entity.
New law requires that the rules shall, at a minimum, provide for all of the following:
(1)Application of all laws regarding the confidentiality of healthcare information and
the patient's rights to the patient's medical information to telehealth interactions. (2)Application of the same standard of care by a healthcare provider as if the healthcare
services were provided in person.
(3)(a)Licensing or registration of out-of-state healthcare providers who seek to furnish
healthcare services via telehealth to persons at originating sites in La. The rules shall
ensure that any such healthcare provider possesses, at a minimum, an unrestricted
and unencumbered license in good standing to perform the healthcare service in the
state in which the healthcare provider is located, and that the license is comparable
to its corresponding license in La. as determined by the respective La. licensing
agency, board, or commission.
(b) Each state agency and professional or occupational licensing board or commission
is authorized to provide by rule for a reasonable fee for the license or registration.
(4)Exemption from the telehealth license or registration requirement for the consultation
of a healthcare professional licensed by this state with an out-of-state peer
professional.
Nothing in new law shall be construed to authorize a state agency or licensing board or
commission to expand, diminish, or alter the scope of practice of any healthcare provider.
Effective Aug. 1, 2014.
(Amends R.S. 37:1271(B)(2); Adds R.S. 37:1271(B)(3)-(5) and R.S. 40:1300.381-1300.384)