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ACT No. 442
Regular Session, 2014
HOUSE BILL NO. 1280 (Substitute for House Bill No. 903 by Representative Simon)
BY REPRESENTATIVES SIMON, CONNICK, DOVE, GISCLAIR, ORTEGO, POPE,
STOKES, AND PATRICK WILLIAMS
AN ACT1
To amend and reenact R.S. 37:1271(B)(2) and to enact R.S. 37:1271(B)(3) through (5) and2
Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to be3
comprised of R.S. 40:1300.381 through 1300.384, relative to telehealth services; to4
provide for definitions; to provide for the delivery of healthcare services through5
telemedicine; to authorize state agencies and licensing boards and commissions to6
promulgate rules governing healthcare services provided by telehealth; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:1271(B)(2) is hereby amended and reenacted and R.S.10
37:1271(B)(3) through (5) are hereby enacted to read as follows:11
§1271. License to practice medicine or telemedicine required12
* * *13
B.14
* * *15
(2) Any person authorized by the board to practice Except as provided in16
R.S. 37:1276.1, all of the following shall apply to any physician practicing17
telemedicine as defined in this Part: shall ensure that a licensed health care18
professional who can adequately and accurately assist with any of the requirements19
listed in R.S. 37:1276.1(B)(2) is in the examination room with the patient at the time20
such patient is receiving telemedicine services. The board shall promulgate rules in21
accordance with the Administrative Procedure Act to establish what type of health22
care professional is necessary and appropriate under the circumstances.23 ENROLLEDHB NO. 1280
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(a) The physician practicing telemedicine shall use the same standard of care1
as if the healthcare services were provided in person.2
(b) The physician practicing telemedicine shall not be required to conduct3
an in-person patient history or physical examination of the patient before engaging4
in a telemedicine encounter if the physician satisfies all of the following conditions:5
(i) Holds an unrestricted license to practice medicine in Louisiana.6
(ii) Has access to the patient's medical records upon consent of the patient.7
(iii) Maintains a physical practice location within the state of Louisiana or8
executes an affirmation with the board that the physician has an arrangement with9
another physician who maintains a physical practice location in Louisiana to provide10
for referrals and follow-up care which may be necessary.11
(3) Except as authorized by rule promulgated by the board, no physician12
practicing telemedicine pursuant to this Subsection shall prescribe any controlled13
dangerous substance prior to conducting an appropriate in-person patient history or14
physical examination of the patient as determined by the board.15
(4) A patient receiving telemedicine services may be in any location at the16
time that the telemedicine services are rendered. A physician practicing17
telemedicine may be in any location when providing telemedicine services to a18
patient.19
(5) A physician practicing telemedicine shall document the telemedicine20
services rendered in the patient's medical records according to the same standard as21
that required for nontelemedicine services. Medical records including but not22
limited to video, audio, electronic, or other records generated as a result of providing23
telemedicine services shall be considered as confidential and shall be subject to all24
applicable state and federal laws and regulations relative to the privacy of health25
information.26
Section 2. Part LXXV of Chapter 5 of Title 40 of the Louisiana Revised Statutes of27
1950, comprised of R.S. 40:1300.381 through 1300.384, is hereby enacted to read as28
follows:29 ENROLLEDHB NO. 1280
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PART LXXV. LOUISIANA TELEHEALTH ACCESS ACT1
§1300.381. Short title2
This Part shall be known and may be cited as the "Louisiana Telehealth3
Access Act".4
§1300.382. Legislative findings5
The legislature hereby finds and declares the following:6
(1) As an innovative form of health care, telehealth is extremely valuable7
because it enhances access to care, particularly in rural locations and other medically8
underserved areas; makes delivery of care more cost-effective; and distributes9
limited provider resources more efficiently.10
(2) Many patients with limited access to traditional health care can be11
diagnosed and treated sooner through telehealth than they would be otherwise,12
resulting in improved outcomes and less costly treatments due to early detection and13
prevention.14
(3) Telehealth services could potentially address a great unmet need for15
health care by persons who have limited access to both traditional healthcare settings16
and to telemedicine as currently defined in Louisiana law.17
(4) If this state is to achieve much needed improvement in health outcomes,18
a prudent and responsible policy for doing so would be to balance patient safety and19
access to care through expanding access to telehealth services for the people of20
Louisiana.21
§1300.383. Definitions22
(1) "Asynchronous store and forward transfer" means the transmission of a23
patient's medical information from an originating site to the provider at the distant24
site without the patient being present.25
(2) "Distant site" means the site at which the healthcare provider delivering26
the service is located at the time the service is provided via a telecommunications27
system.28
(3) "Healthcare provider" means a person, partnership, limited liability29
partnership, limited liability company, corporation, facility, or institution licensed30 ENROLLEDHB NO. 1280
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or certified by this state to provide health care or professional services as a physician1
assistant, hospital, nursing home, dentist, registered nurse, advanced practice2
registered nurse, licensed practical nurse, certified nurse assistant, offshore health3
service provider, ambulance service, licensed midwife, pharmacist, speech-language4
pathologist, audiologist, optometrist, podiatrist, chiropractor, physical therapist,5
occupational therapist, certified or licensed athletic trainer, psychologist, medical6
psychologist, social worker, licensed professional counselor, licensed perfusionist,7
licensed respiratory therapist, licensed radiologic technologist, or licensed clinical8
laboratory scientist.9
(4) "Originating site" means the location of the patient at the time the service10
is furnished via a telecommunications system or when the asynchronous store and11
forward transfer occurs.12
(5) "Synchronous interaction" means communication through interactive13
technology that enables a healthcare provider and a patient at two locations separated14
by distance to interact via two-way video and audio transmissions simultaneously.15
(6) "Telehealth" means a mode of delivering healthcare services that utilizes16
information and communication technologies to enable the diagnosis, consultation,17
treatment, education, care management, and self-management of patients at a18
distance from healthcare providers. Telehealth allows services to be accessed when19
providers are in a distant site and patients are in the originating site. Telehealth20
facilitates patient self-management and caregiver support for patients and includes21
synchronous interactions and asynchronous store and forward transfers.22
§1300.384. Telehealth; rulemaking required23
A. Each state agency or professional or occupational licensing board or24
commission that regulates the practice of a healthcare provider, as defined in this25
Part, may promulgate, in accordance with the Administrative Procedure Act, any26
rules necessary to provide for, promote, and regulate the use of telehealth in the27
delivery of healthcare services within the scope of practice regulated by the licensing28
entity.29
B. The rules shall, at a minimum, provide for all of the following:30 ENROLLEDHB NO. 1280
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(1) Application of all laws regarding the confidentiality of healthcare1
information and the patient's rights to the patient's medical information created2
during telehealth interactions.3
(2) Application of the same standard of care by a healthcare provider as if4
the healthcare services were provided in person.5
(3)(a) Licensing or registration of out-of-state healthcare providers who seek6
to furnish healthcare services via telehealth to persons at originating sites in7
Louisiana. The rules shall ensure that any such healthcare provider possesses, at a8
minimum, an unrestricted and unencumbered license in good standing to perform the9
healthcare service in the state in which the healthcare provider is located, and that10
the license is comparable to its corresponding license in Louisiana as determined by11
the respective Louisiana licensing agency, board, or commission.12
(b) Each state agency and professional or occupational licensing board or13
commission is authorized to provide by rule for a reasonable fee for the license or14
registration provided for in this Subsection.15
(4) Exemption from the telehealth license or registration required by this16
Subsection for the consultation of a healthcare professional licensed by this state17
with an out-of-state peer professional.18
C. Nothing in this Part shall be construed to authorize a state agency or19
professional or occupational licensing board or commission to expand, diminish, or20
alter the scope of practice of any healthcare provider.21
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: