HLS 16RS-1132 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 480
BY REPRESENTATIVE JACKSON
HEALTH SERVICES: Provides relative to the practice of telemedicine in licensed
healthcare facilities
1 AN ACT
2To amend and reenact R.S. 37:1271(B)(2)(introductory paragraph) and (3), and to enact R.S.
3 37:1271.1, relative to physicians practicing telemedicine; to provide conditions and
4 authorizations relative to the practice of telemedicine in licensed healthcare facilities;
5 and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 37:1271(B)(2)(introductory paragraph) and (3) are hereby amended
8and reenacted and R.S. 37:1271.1 is hereby enacted to read as follows:
9 §1271. License to practice medicine or telemedicine required
10 * * *
11 B.
12 * * *
13 (2) Except as provided in R.S. 37:1276.1 R.S. 37:1271.1 and 1276.1, all of
14 the following shall apply to any physician practicing telemedicine as defined in this
15 Part:
16 * * *
17 (3) Except as authorized by R.S. 37:1271.1 or otherwise by rule promulgated
18 by the board, no physician practicing telemedicine pursuant to this Subsection shall
19 prescribe any controlled dangerous substance prior to conducting an appropriate
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HB NO. 480
1 in-person patient history or physical examination of the patient as determined by the
2 board.
3 * * *
4 §1271.1. Practice of telemedicine in licensed healthcare facilities
5 A. All of the following restrictions and authorizations apply to a physician
6 who holds an unrestricted license to practice medicine from the board and who
7 practices telemedicine upon any patient who is being treated at a healthcare facility
8 that is required to be licensed pursuant to the laws of this state and which holds a
9 current registration with the U.S. Drug Enforcement Administration:
10 (1) The physician shall use the same standard of care as if the healthcare
11 services were provided in person.
12 (2) The physician shall be authorized to prescribe any controlled dangerous
13 substance without necessity of conducting an appropriate in-person patient history
14 or physical examination of the patient as otherwise would be required by R.S.
15 37:1271(B)(2).
16 (3) The physician shall not be subject to any regulatory prohibition or
17 restriction on the practice of telemedicine, including prohibitions or restrictions
18 related to prescribing controlled dangerous substances, which are in any manner
19 more restrictive than the prohibitions and restrictions that are otherwise applicable
20 to the entire practice of medicine.
21 B. Nothing in this Section shall prohibit or otherwise restrict the board from
22 taking any action allowed by law or regulation in the administration of any
23 disciplinary matter.
24 Section 2. This Act shall become effective upon signature by the governor or, if not
25signed by the governor, upon expiration of the time for bills to become law without signature
26by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
27vetoed by the governor and subsequently approved by the legislature, this Act shall become
28effective on the day following such approval.
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HB NO. 480
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)]
HB 480 Engrossed 2016 Regular Session Jackson
Abstract: Provides conditions and authorizations relative to the practice of telemedicine
in licensed healthcare facilities.
Present law provides for regulation of the practice of medicine, including telemedicine.
Proposed law retains present law, and provides that all of the following conditions and
authorizations shall apply to a physician who holds an unrestricted license to practice
medicine from the La. State Board of Medical Examiners and who practices telemedicine
upon any patient who is being treated at a healthcare facility that is required to be licensed
pursuant to present law and which holds a current registration with the U.S. Drug
Enforcement Administration:
(1)The physician shall use the same standard of care as if the healthcare services were
provided in person.
(2)The physician shall be authorized to prescribe any controlled dangerous substance
without necessity of conducting an appropriate in-person patient history or physical
examination of the patient as otherwise would be required by present law.
(3)The physician shall not be subject to any regulatory prohibition or restriction on the
practice of telemedicine, including prohibitions or restrictions related to prescribing
controlled dangerous substances, which are in any manner more restrictive than the
prohibitions and restrictions that are otherwise applicable to the entire practice of
medicine.
Proposed law provides that nothing therein shall prohibit or otherwise restrict the La. State
Board of Medical Examiners from taking any action allowed by law or regulation in the
administration of any disciplinary matter.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:1271(B)(2)(intro. para.) and (3); Adds R.S. 37:1271.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Stipulate that the healthcare facilities in which telemedicine may be practiced in
the manner authorized by proposed law must hold a current registration with the
U.S. Drug Enforcement Administration.
2. Make a technical change.
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