§ 40:1163.1 — Electronic health care transactions; electronic signature authentication and

Louisiana § 40:1163.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1163.1. Electronic health care transactions; electronic signature authentication and
identification system
A. As used in this Section, the following terms shall have the following meanings:
(1) "Authorization" means a consent, an approval, or an authorization between
persons.
(2) "Electronic signature authentication and identification" means the process of
authenticating identification using a system of form, location, and endorsement pursuant to
Subsections B and C of this Section.
B. Electronic signature authentication and identification may be used for an
individual who participates in agreements, authorizations, contracts, records, or other
transactions that involve individually identifiable health information, including medical
records and recordkeeping, transfer of medical records, medical billing, health care proxies,
health care directives, consent to medical treatment, medical research, and organ and tissue
donation or procurement.
C. Electronic signature authentication and identification pursuant to Subsection B
of this Section may be implemented by an interactive system of security procedures that
include any of the following:
(1) A tamper-proof electric appliance that receives input of unique identification
numbers, unique biometric identifiers, or location devices.
(2) A computerized authentication process for biometric identifiers that is linked to
the appropriate identification numbers upon receipt of the identifiers.
(3) Transmission of verification of the identifiers to a securely maintained electronic
repository.
D. The provisions of this Section shall not be construed to supersede or preempt
applicable state and federal law, including the Louisiana Uniform Electronic Transactions
Act, as established in R.S. 9:2601 et seq., the Health Insurance Portability and Accountability
Act of 1996 and associated regulations, and 21 CFR Part 11.

Legislative History

Acts 2008, No. 738, §1, eff. July 3, 2008; Redesignated from R.S. 40:1299.40.1 by HCR 84 of 2015 R.S.