This text of Louisiana § 40:1223.4 (Telehealth; rulemaking required) 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.
§1223.4. Telehealth; rulemaking required
A. Each state agency or professional or occupational licensing board or commission
that regulates the practice of a healthcare provider, as defined in this Part, shall promulgate,
in accordance with the Administrative Procedure Act, 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.
B. The rules shall, at a minimum, provide for all of the following:
(1)Application of all laws regarding the confidentiality of healthcare information
and the patient's rights to the patient's medical information created during telehealth
interactions.
(2)Application of the same standard of care by a healthcare provider as if the
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§1223.4. Telehealth; rulemaking required
A. Each state agency or professional or occupational licensing board or commission
that regulates the practice of a healthcare provider, as defined in this Part, shall promulgate,
in accordance with the Administrative Procedure Act, 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.
B. The rules shall, at a minimum, provide for all of the following:
(1) Application of all laws regarding the confidentiality of healthcare information
and the patient's rights to the patient's medical information created during telehealth
interactions.
(2) Application of the same standard of care by a healthcare provider as if the
healthcare services were provided in person.
(3)(a) Licensing or registration of out-of-state healthcare providers who seek to
furnish healthcare services via telehealth to persons at originating sites in Louisiana. The
rules shall ensure that the healthcare provider possesses, at a minimum, an unrestricted and
unencumbered license in good standing to perform the healthcare service in the state in
which the healthcare provider is located, and that the license is comparable to its
corresponding license in Louisiana as determined by the respective Louisiana licensing
agency, board, or commission.
(b) Each state agency and professional or occupational licensing board or
commission may provide by rule for a reasonable fee for the license or registration provided
for in this Subsection.
(4) Exemption from the telehealth license or registration required by this Subsection
for the consultation of a healthcare professional licensed by this state with an out-of-state
peer professional.
(5) Except as otherwise provided in Paragraph (6) of this Subsection, a healthcare
provider shall not be required to conduct an in-person patient history or physical examination
of the patient before engaging in a telehealth encounter but shall provide a referral to a
healthcare provider in this state or arrange for follow-up care in this state as necessary.
(6) Except as authorized by R.S. 37:1271.1 or otherwise by rule promulgated by a
state agency or professional or occupational licensing board or commission, no healthcare
provider shall prescribe any controlled dangerous substance prior to conducting an
appropriate in-person patient history or physical examination of the patient as determined by
the appropriate state agency or professional or occupational licensing board or commission.
(7) A healthcare provider may use interactive audio without the requirement of video
if, after access and review of the patient's medical records, the healthcare provider determines
that he is able to meet the same standard of care as if the healthcare services were provided
in person.
(8) Creation of a record on each patient. The record shall be made available, upon
request, to the state agency or professional or occupational licensing board or commission
that regulates the practice of the healthcare provider.
C. Nothing in this Part shall be construed to authorize a state agency or professional
or occupational licensing board or commission to expand, diminish, or alter the scope of
practice of any healthcare provider.