§ 37:1745.2 — Diagnosis of certain mental health conditions; limitation

Louisiana § 37:1745.2

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1745.2. Diagnosis of certain mental health conditions; limitation
A. No physician or other health care provider shall diagnose the condition of
factitious disorder imposed on another, formerly known as "Munchausen syndrome by
proxy", unless he meets all of the following criteria:
(1) He is licensed as a health care provider in this state.
(2) He is qualified by licensure and professional training to diagnose mental health
conditions.
(3) He has conducted a bona fide evaluation of the person he diagnoses.
B. For purposes of this Section, the following terms have the meaning ascribed in
this Subsection:
(1) "Bona fide evaluation" means all of the following actions have occurred:
(a) The health care provider has reviewed the relevant clinical records of the
individual and the purported victim, and has completed a full assessment of the individual's
clinical history and current clinical condition. For purposes of this Section, "clinical records"
shall include, without limitation, documentation from schools, health care providers, child
care providers, agencies, and other institutions; interviews with members of the extended
family, friends, and acquaintances of the individual; and other collateral sources when the
resulting information is likely to be relevant.
(b) The health care provider has performed an in-person clinical evaluation of the
individual which includes a clinical interview and behavioral observation.
(c) The health care provider has created and maintained a record of the condition of
the individual in accordance with clinically accepted standards to support a mental health
diagnosis.
(2) "Health care provider" has the meaning ascribed in R.S. 40:1231.1(A).

Legislative History

Acts 2018, No. 193, §1.