§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.

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

            (3) "Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution licensed or certified by this state to provide healthcare or professional services as a physician assistant; hospital; nursing home; dentist; registered nurse; advanced practice registered nurse; licensed dietitian or nutritionist; licensed practical nurse; certified nurse assistant; offshore health service provider; ambulance service; licensed midwife; pharmacist; speech-language pathologist; audiologist; optometrist; podiatrist; chiropractor; physical therapist; occupational therapist; certified or licensed athletic trainer; psychologist; medical psychologist; social worker; licensed professional counselor; licensed perfusionist; licensed respiratory therapist; licensed radiologic technologist; licensed hearing aid dealer; licensed, certified, or registered addiction counselor; licensed, certified, or registered prevention professional; certified compulsive gambling counselor; 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; or licensed clinical laboratory scientist.

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

            (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.

NOTE: Paragraph (5) eff. until Jan. 1, 2024. See Acts 2023, No. 322.

            (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. The healthcare provider may utilize interactive audio without the requirement of video if, after access and review of the patient's medical records, the provider determines that he is able to meet the same standard of care as if the healthcare services were provided in person.

NOTE: Paragraph (5) as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.

            (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.

NOTE: Subparagraph (6)(b) eff. until Jan. 1, 2024. See Acts 2023, No. 322.

            (b) For purposes of this Paragraph, "behavioral health services" means those 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.

NOTE: Subparagraph (6)(b) as amended by Acts 2023, No. 322, eff. Jan. 1, 2024.

            (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.