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Regular Session, 2014
SENATE BILL NO. 501
BY SENATOR HEITMEIER
HEALTH CARE. Provides for telemedicine. (gov sig)
AN ACT1
To amend and reenact R.S. 37:1262(4),1271(B)(2), and 1276.1(B), relative to telemedicine;2
to define telemedicine; to provide for a telemedicine license; to provide for an3
effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 37:1262(4),1271(B)(2), and 1276.1(B) are hereby amended and6
reenacted to read as follows:7
§1262. Definition8
As used in this Part the following words and phrases shall have the meanings9
ascribed to them:10
* * *11
(4) "Telemedicine" means the practice of health care delivery, diagnosis,12
consultation, treatment, and transfer of medical data using interactive13
telecommunication technology that enables a health care practitioner and a patient14
at two locations separated by distance to interact via two-way video and audio15
transmissions simultaneously. Neither a telephone conversation, nor an electronic16
mail message, or a conference using telemedicine technology between a health17 SB NO. 501
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care practitioner and an established patient between a health care practitioner and1
patient regularly scheduled office visits, or a true consultation, as may be defined2
by rules promulgated by the board pursuant to the Administrative Procedure Act,3
constitutes telemedicine for the purposes of this Part.4
* * *5
§1271. License to practice medicine or telemedicine required6
* * *7
B.(1) * * *8
(2) Any person authorized by the board to practice telemedicine as defined9
in this Part shall ensure that a licensed health care professional who can adequately10
and accurately assist with any of the requirements listed in R.S. 37:1276.1(B)(2) is11
in the examination room with the patient at the time such patient is receiving12
telemedicine services. The board shall promulgate rules in accordance with the13
Administrative Procedure Act to establish what type of health care professional is14
necessary and appropriate under the circumstances and any exemption to the15
requirements of this Paragraph as it may deem proper.16
* * *17
§1276.1. Telemedicine license18
* * *19
B. The board shall establish by rule in accordance with the Administrative20
Procedure Act the requirements for telemedicine licensure by those holding an21
unrestricted license or permit to practice medicine in this state and for22
applicants for a telemedicine license under this Section Part provided the rules23
include the following:24
(1) The physician licensed under this Section shall not open an office in this25
state, shall not meet with patients in this state, and shall not receive calls in this state26
from patients.27
(2) The physician, when examining a patient by telemedicine, shall establish28
a bona fide physician-patient relationship by:29 SB NO. 501
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(a) Conducting an appropriate examination of the patient as determined by1
the board.2
(b) Establishing a diagnosis through the use of accepted medical practices3
including but not limited to patient history, mental status, and appropriate diagnostic4
and laboratory testing.5
(c) Discussing with the patient any diagnosis as well as the risks and benefits6
of various treatment options.7
(d) Ensuring the availability for appropriate follow-up care.8
(e) Fulfilling any other requirements as deemed appropriate and necessary9
by the board.10
(3)(2)The board may establish by rule additional qualifications, requirements,11
scope, and limitations of the use of telemedicine in this state as the board may deem12
appropriate.13
* * *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 501)
Present law provides neither a telephone conversation nor an electronic mail message
between a health care practitioner and patient, or a true consultation as may be defined by
rules promulgated by the Louisiana State Board of Medical Examiners (LSBME) pursuant
to the Administrative Procedure Act (APA), constitutes telemedicine.
Proposed law amends present law to provide neither a telephone conversation, nor an
electronic mail message, or a conference using telemedicine technology between a health
care practitioner and an established patient between regularly scheduled office visits, or a
true consultation, as may be defined by rules promulgated by the board pursuant to the APA,
constitutes telemedicine.
Present law provides LSBME shall promulgate rules in accordance with the APA to
establish what type of health care professional is necessary and appropriate under the SB NO. 501
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words in boldface type and underscored are additions.
circumstances to be present in the room with the patient.
Proposed law amends present law to provide LSBME shall promulgate rules in accordance
with the APA to establish what type of health care professional is necessary and appropriate
under the circumstances to be present in the room with the patient and any exemption to the
requirements of the present law as it may deem proper.
Present law provides LSBME shall establish by rule in accordance with the APA the
requirements for licensure under present law provided the rules include the following:
(1)The physician licensed under present law shall not open an office in this state, shall
not meet with patients in this state, and shall not receive calls in this state from
patients.
(2) The physician, when examining a patient by telemedicine, shall establish a bona fide
physician-patient relationship by:
(a) Conducting an appropriate examination of the patient as determined by the
board.
(b)Establishing a diagnosis through the use of accepted medical practices
including but not limited to patient history, mental status, and appropriate
diagnostic and laboratory testing.
(c)Discussing with the patient any diagnosis as well as the risks and benefits of
various treatment options.
(d)Ensuring the availability for appropriate follow-up care.
(e)Fulfilling any other requirements as deemed appropriate and necessary by the
LSBME.
(3)The LSBME may establish by rule additional qualifications, requirements, scope,
and limitations of the use of telemedicine in this state as the LSBME may deem
appropriate.
Proposed law amends present law to provide LSBME shall establish by rule in accordance
with the APA the requirements for telemedicine licensure by those holding an unrestricted
license or permit to practice medicine in this state and for applicants for a telemedicine
license under present law provided the rules include the following:
(1)The physician, when examining a patient by telemedicine, shall establish a bona fide
physician-patient relationship by:
(a)Conducting an appropriate examination of the patient as determined by the
board.
(b)Establishing a diagnosis through the use of accepted medical practices
including but not limited to patient history, mental status, and appropriate
diagnostic and laboratory testing.
(c)Discussing with the patient any diagnosis as well as the risks and benefits of
various treatment options.
(d)Ensuring the availability for appropriate follow-up care.
(e)Fulfilling any other requirements as deemed appropriate and necessary by the
board. SB NO. 501
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words in boldface type and underscored are additions.
(2)The LSBME may establish by rule additional qualifications, requirements, scope,
and limitations of the use of telemedicine in this state as the LSBME may deem
appropriate.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1262(4), 1271(B)(2), and 1276.1(B))