The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Brandi Cannon.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 66 2023 Regular Session Fred Mills
Keyword and summary of the bill as proposed by the Conference Committee
HEALTH CARE. Provides relative to telehealth services. (1/1/24)
Report adopts House amendments to:
1. Require the creation of a record on each patient.
2. Repeal the limitation that rules and regulations shall be no more restrictive than the
provisions contained in proposed law.
3. Expand the definition of "behavioral health services" to include community
psychiatric support and treatment services or psychosocial rehabilitation services
provided by a behavioral health provider who works for a licensed agency or
credentialed provider.
4. Make technical changes.
Report rejects House amendments which would have:
1. Removed the effective date of January 1, 2024.
2. Added a contingency effective date making proposed law relative to the provision of
telehealth services effective if and when HB 648 of this 2023 Regular Session of the
Legislature, the Stop Harming Our Kids Act, is enacted and becomes effective.
Digest of the bill as proposed by the Conference Committee
Present law provides for the practice of telemedicine by physicians and the practice of telehealth by
all other healthcare providers. Proposed law repeals provisions relative to telemedicine and specifies
that telehealth includes a physician's practice of medicine when conducted through electronic
communications.
Present law defines "telehealth" as healthcare services, including behavioral health services, provided
by a healthcare provider 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. Present law further defines "behavioral health services" as those services 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 La. Dept. of Health, to treat mental illness or
substance use. Proposed law retains present law and adds that behavioral health services also include
community psychiatric support and treatment services or psychosocial rehabilitation services
provided by an unlicensed behavioral health provider who works for a licensed agency or
credentialed provider.
Present law authorizes each state agency or professional or occupational licensing board or
commission that regulates the practice of a healthcare provider to promulgate any rules necessary
to provide for, promote, and regulate the use of telehealth in the delivery of healthcare services
within the scope of practice regulated by the licensing entity that are consistent with and no more
restrictive than the provisions contained in present law. Proposed law changes the authorization to
a requirement for the state agency or professional or occupational licensing board or commission to
promulgate rules for telehealth and removes the limitation that the rules be no more restrictive than
the provisions contained in proposed law.
Present law provides for the minimum content of the rules to be promulgated by the regulatory state
agency or professional or occupational licensing board or commission. Proposed law retains present
law but prohibits any requirement for an in-person patient history or physical examination of the
patient before engaging in a telehealth encounter unless the healthcare provider is prescribing a
controlled dangerous substance and requires a visit record to be created for each patient. Proposed
law further provides for exceptions to the requirement for an in-person patient history or physical
examination when prescribing a controlled dangerous substance.
Proposed law makes technical changes in present law to update references from telemedicine to
telehealth to conform with proposed law.
Effective January 1, 2024.
(Amends R.S. 22:11(C)(1)(a)(i), 1821(F)(1) and (2), 1841(3), 1842(A)(1) and (B), and 1843(A)(2)
and (B)(1)(a)(ii) and (b)(i) and (iv), R.S. 28:53(B)(1), 53(B)(4)(intro para), 53(F), (G)(2),
53(G)(7)(a)(intro para) and 53(G)(7)(b)(intro para) and 53(G)(7)(b)(ii), and (J)(1), R.S. 37:1262(4),
1271, 1271.1(A)(intro para), 1271.1(A)(2) and (3), 1285.2(D)(2), R.S. 40:1046(K), 1165.2(B),
1167.2(6), 1167.4(E) and (F), 1223.2(3), 1223.3(3), (5) and (6)(b), 1223.4(A) and (B)(3), 1223.5,
1237.1(A)(9)(a)(ii)(bb), and 2195.1(A)(6), and R.S. 46:978.1(2); adds R.S. 40:1223.4(B)(5)-(8);
repeals R.S. 22:1841(6) and R.S. 37:1276.1)