ENROLLED
ACT No. 191
2020 Regular Session
HOUSE BILL NO. 449
BY REPRESENTATIVE ECHOLS AND SENATOR BARROW
1 AN ACT
2 To amend and reenact R.S. 28:53(B)(1) and R.S. 40:1223.3(6) and 2153(1) and to enact R.S.
3 40:2153(16) and 2156(B)(16), relative to behavioral health services; to provide
4 relative to delivery of such services through telehealth; to provide for psychiatric
5 mental health nurse practitioners; to provide for definitions; to provide for regulation
6 of behavioral health services providers by the Louisiana Department of Health; to
7 provide for administrative rulemaking by the department relative to behavioral health
8 services; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 28:53(B)(1) is hereby amended and reenacted to read as follows:
11 §53. Admission by emergency certificate; extension; payment for services rendered
12 * * *
13 B.(1) Any physician licensed or permitted by the Louisiana State Board of
14 Medical Examiners, physician assistant when acting in accordance with their
15 respective clinical practice guidelines, psychiatric mental health nurse practitioner,
16 other nurse practitioner who acts in accordance with a collaborative practice
17 agreement and receives verbal approval for executing the certificate from his
18 collaborating physician, or psychologist may execute an emergency certificate only
19 after an actual examination of a person alleged to have a mental illness or be
20 suffering from a substance-related or addictive disorder who is determined to be in
21 need of immediate care and treatment in a treatment facility because the examining
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1 physician, physician assistant when acting in accordance with their respective
2 clinical practice guidelines, psychiatric mental health nurse practitioner, other nurse
3 practitioner who acts in accordance with a collaborative practice agreement and
4 receives verbal approval for executing the certificate from his collaborating
5 physician, or psychologist determines the person to be dangerous to self or others or
6 to be gravely disabled. The actual examination of the person by a psychiatrist or
7 psychiatric mental health nurse practitioner may be conducted by telemedicine
8 utilizing video conferencing technology provided that a licensed healthcare
9 professional who can adequately and accurately assist with obtaining any necessary
10 information including but not limited to the information listed in Paragraph (4) of
11 this Subsection shall be in the examination room with the patient at the time of the
12 video conference. A patient examined in such a manner shall be medically cleared
13 prior to admission to a mental health treatment facility. Failure to conduct an
14 examination prior to the execution of the certificate will be evidence of gross
15 negligence.
16 * * *
17 Section 2. R.S. 40:1223.3(6) and 2153(1) are hereby amended and reenacted and
18 R.S. 40:2153(16) and 2156(B)(16) are hereby enacted to read as follows:
19 §1223.3. Definitions
20 * * *
21 (6)(a) "Telehealth" means a mode of delivering healthcare services,
22 including behavioral health services, that utilizes information and communication
23 technologies to enable the diagnosis, consultation, treatment, education, care
24 management, and self-management of patients at a distance from healthcare
25 providers. Telehealth allows services to be accessed when providers are in a distant
26 site and patients are in the originating site. Telehealth facilitates patient
27 self-management and caregiver support for patients and includes synchronous
28 interactions and asynchronous store and forward transfers.
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1 (b) For purposes of this Paragraph, "behavioral health services" means those
2 services as defined in R.S. 40:2153 that are appropriate for the patient and delivered
3 by a licensed mental health professional, acting within the scope of applicable state
4 laws and his professional license for services identified by Louisiana Department of
5 Health, to treat mental illness or substance use.
6 * * *
7 §2153. Definitions
8 For the purposes of this Part, and subject to the provisions of R.S. 40:2154,
9 unless the context otherwise clearly indicates, the following terms shall have the
10 following meanings:
11 (1) "Behavioral health services" means mental health services, substance
12 abuse/addiction treatment services, or a combination of such services, for adults and
13 children. Behavioral health services may be provided, subject to rules and
14 regulations of the Louisiana Department of Health, in a residential setting, in a clinic
15 setting on an outpatient basis, or in a home or community setting, or through
16 telehealth.
17 * * *
18 (16) "Telehealth" has the meaning ascribed in R.S. 40:1223.3.
19 * * *
20 §2156. Rules and regulations; licensing standards; fees
21 * * *
22 B. The department shall prescribe, promulgate, and publish rules,
23 regulations, and licensing standards for behavioral health services providers. The
24 rules, regulations, and licensing standards shall include but are not limited to the
25 following:
26 * * *
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1 (16) Delivery of behavioral health services through telehealth.
2 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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