RÉSUMÉ DIGEST
ACT 266 (HB 270) 2021 Regular Session Magee
Prior law relative to the practice of medicine provided the following definition for the term
"telemedicine":
"Telemedicine" means the practice of health care delivery, diagnosis, consultation,
treatment, and transfer of medical data using interactive telecommunication
technology that enables a health care practitioner and a patient at two locations
separated by distance to interact via two-way video and audio transmissions
simultaneously. 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 board pursuant to the Administrative Procedure
Act, constitutes telemedicine for the purposes of this Part (R.S. 37:1261 et seq.).
New law revises this definition and defines the term as follows:
"Telemedicine" means the practice of health care delivery, diagnosis, consultation,
treatment, and transfer of medical data by a physician using technology that enables
the physician and a patient at two locations separated by distance to interact. Such
technology may include electronic communications, information technology,
asynchronous store-and-forward transfer technology, or technology that facilitates
synchronous interaction between a physician at a distant site and a patient at an
originating site.
New law stipulates that the term "telemedicine" shall not include any of the following:
(1)Electronic mail messages and text messages that are not compliant with applicable
requirements of the Health Insurance Portability and Accountability Act of 1996, as
amended (HIPAA).
(2)Facsimile transmissions.
New law provides that no provision of existing law regulating the practice of medicine shall
apply to a consultation without limitation between a practicing physician licensed in this state
and a practicing physician licensed in another state or jurisdiction.
Existing law known as the Louisiana Telehealth Access Act (R.S. 40:1223.1 et seq.) defines
"healthcare provider", for purposes of that law, to mean any one of several types of licensed
health professionals other than physicians.
Prior law within the Louisiana Telehealth Access Act provided the following definition for
the term "telehealth":
"Telehealth" means a mode of delivering healthcare services, including behavioral
health 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. Telehealth
allows services to be accessed when providers are in a distant site and patients are in
the originating site. Telehealth facilitates patient self-management and caregiver
support for patients and includes synchronous interactions and asynchronous store-
and-forward transfers.
New law revises this definition and defines the term as follows:
"Telehealth" means healthcare services, including behavioral health services,
provided by a healthcare provider, as defined in this Section (R.S. 40:1223.3), to a
person through the use of electronic communications, information technology,
asynchronous store-and-forward transfer technology, or synchronous interaction
between a provider at a distant site and a patient at an originating site, including but
not limited to assessment of, diagnosis of, consultation with, treatment of, and remote
monitoring of a patient, and transfer of medical data. New law stipulates that the term "telehealth" shall not include any of the following:
(1)Electronic mail messages and text messages that are not compliant with applicable
requirements of the Health Insurance Portability and Accountability Act of 1996, as
amended (HIPAA).
(2)Facsimile transmissions.
Effective August 1, 2021.
(Amends R.S. 37:1262(4) and 1291(6) and R.S. 40:1223.3(6)(a); Adds R.S. 37:1291(7))