RÉSUMÉ DIGEST
ACT 191 (HB 449) 2020 Regular Session Echols
Existing law, the Louisiana Telehealth Access Act (R.S. 40:1223.1 et seq.), defines
"telehealth", in 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. New
law amends this definition to provide that healthcare services delivered via telehealth include
behavioral health services. Stipulates that, for purposes of new law, "behavioral health
services" means those services as defined in existing 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.
Existing 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. New law adds an authorization
for the provision of behavioral health services through telehealth. New law stipulates that
the provision of behavioral health services in any authorized setting shall be subject to rules
and regulations of LDH.
Existing law requires LDH to promulgate rules and regulations for behavioral health services
providers. New law adds requirement that such rules and regulations address the delivery
of behavioral health services through telehealth.
Existing law known as the Behavioral Health Law (R.S. 28:1 et seq.) authorizes psychiatrists
to conduct via telemedicine a required examination of a person with a behavioral health
condition who is subject to admission by emergency certificate to a treatment facility.
Provides that the examination by a psychiatrist may utilize video conferencing if a licensed
healthcare professional who can adequately and accurately assist with obtaining any
necessary information is in the examination room with the patient at the time of the video
conference. New law authorizes psychiatric mental health nurse practitioners to perform
these examinations, and to do so via telemedicine as existing law authorizes for psychiatrists.
Effective Aug. 1, 2020.
(Amends R.S. 28:53(B)(1) and R.S. 40:1223.3(6) and 2153(1); Adds R.S. 40:2153(16) and
2156(B)(16))