§1223.4. Telehealth; rulemaking required

NOTE: Subsection A eff. until Jan. 1, 2024. See Acts 2023, No. 322.

            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, may 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. However, any rules and regulations shall be consistent with and no more restrictive than the provisions contained in this Section.

NOTE: Subsection A as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.

            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.

NOTE: Paragraph (B)(3) eff. until Jan. 1, 2024. See Acts 2023, No. 322.

            (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 any such 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 is authorized to provide by rule for a reasonable fee for the license or registration provided for in this Subsection.

NOTE: Paragraph (B)(3) as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.

            (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.

NOTE: Paragraphs (B)(5)-(B)(8) as enacted by Acts 2023, No. 322, eff. Jan. 1, 2024.

            (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.

            Acts 2014, No. 442, §2; Redesignated from R.S. 40:1300.404 by HCR 84 of 2015 R.S.; Acts 2016, No. 630, §2, eff. June 17, 2016; Acts 2023, No. 322, §4, eff. Jan. 1, 2024.