This text of Louisiana § 40:1223.3 (Definitions) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1223.3. Definitions
As used in this Part, the following terms have the meaning ascribed in this Section:
(1)"Asynchronous store and forward transfer" means the transmission of a patient's
medical information from an originating site to the provider at the distant site without the
patient being present.
(2)"Distant site" means the site at which the healthcare provider delivering the
service is located at the time the service is provided via a telecommunications system.
(3)"Healthcare provider" means a person, partnership, limited liability partnership,
limited liability company, corporation, facility, or institution licensed or certified by this state
to practice medicine or provide health care or healthcare professional services which may be
provided by telehealth in the ordinary cours
Free access — add to your briefcase to read the full text and ask questions with AI
§1223.3. Definitions
As used in this Part, the following terms have the meaning ascribed in this Section:
(1) "Asynchronous store and forward transfer" means the transmission of a patient's
medical information from an originating site to the provider at the distant site without the
patient being present.
(2) "Distant site" means the site at which the healthcare provider delivering the
service is located at the time the service is provided via a telecommunications system.
(3) "Healthcare provider" means a person, partnership, limited liability partnership,
limited liability company, corporation, facility, or institution licensed or certified by this state
to practice medicine or provide health care or healthcare professional services which may be
provided by telehealth in the ordinary course of business or practice of a profession.
(4) "Originating site" means the location of the patient at the time the service is
furnished via a telecommunications system or when the asynchronous store and forward
transfer occurs.
(5) "Synchronous interaction" means communication through interactive technology
that enables a healthcare provider and a patient at two locations separated by distance to
interact via two-way video and audio transmissions simultaneously.
(6)(a) "Telehealth" means healthcare services, including behavioral health services,
provided by a healthcare provider, as defined in this Section, 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. The
term "telehealth" shall not include any of the following:
(i) 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, 42 U.S.C. 1320d et seq.
(ii) Facsimile transmissions.
(b) For purposes of this Paragraph, "behavioral health services" means all of the
following:
(i) Behavioral health services as defined in R.S. 40:2153 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, to treat mental illness or substance use.
(ii) Services provided by a behavioral health provider who works for a licensed
agency or credentialed provider which provides community psychiatric support and treatment
services or psychosocial rehabilitation services as defined in R.S. 40:2162.
Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.403 by HCR 84 of 2015
R.S.; Acts 2016, No. 417, §1; Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2020, No.
191, §2; Acts 2021, No. 92, §2; Acts 2021, No. 266, §2; Acts 2022, No. 189, §2; Acts 2022,
No. 271, §4; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.