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 449 Reengrossed 2020 Regular Session Echols
Abstract: Provides relative to behavioral health services delivered via telehealth and regulation of
such services by the La. Department of Health.
Present law, the Louisiana Telehealth Access Act (R.S. 40:1223.1 et seq.), defines "telehealth", in
pertinent part, 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. Proposed
law amends this definition to provide that healthcare services delivered via telehealth include
behavioral health services. Stipulates that, for purposes of proposed law, "behavioral health
services" means those services as defined in present law that are appropriate for the patient and
delivered by a licensed mental health professional, acting within the scope of applicable state laws
and his professional license for services identified by the Louisiana Department of Health (LDH),
to treat mental illness or substance use.
Present law, the Behavioral Health Services Provider Licensing Law (R.S. 40:2151 et seq.),
authorizes the provision of behavioral health services in residential settings, clinic settings on an
outpatient basis, and in home or community settings. Proposed law amends present law to authorize
the provision of behavioral health services through telehealth. Stipulates that the provision of
behavioral health services in any authorized setting shall be subject to rules and regulations of LDH.
Present law requires LDH to promulgate rules and regulations for behavioral health services
providers. Proposed law provides that such rules and regulations shall address the delivery of
behavioral health services by those providers through telehealth.
(Amends R.S. 40:1223.3(6) and 2153(1); Adds R.S. 40:2153(16) and 2156(B)(16))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Stipulate that, for purposes of proposed law incorporating behavioral health services
within the "telehealth" definition, the term "behavioral health services" means those
services as defined in present law that are appropriate for the patient and delivered by a
licensed mental health professional, acting within the scope of applicable state laws and
his professional license for services identified by the La. Department of Health, to treat
mental illness or substance use. 2. Amend the definition of "behavioral health services" in present law to include a reference
to the provision of such services through telehealth.
3. Amend present law relative to settings in which behavioral health services may be
provided to stipulate that the provision of such services in those settings shall be subject
to rules and regulations of the La. Department of Health.
4. Make technical changes.