Originally published: . Volume 8, No. 3. Source pages: 4.
The state Medical Board published changes to the Rules governing the use of telemedicine and patients who are located in Louisiana. These Rules are LAC 46:XLV .408 and Chapter 75, “Physician Licensure and Practice; Telemedicine.”
The amendments, published in the February Louisiana Register included the following:
“§408. Telemedicine Permit Qualifications, Procedure, Issuance, Expiration and Renewal A. Requirement for Permit/Qualifications. A physician who does not possess a Louisiana medical license shall not engage in the practice of medicine in this state via telemedicine, as defined in Chapter 75 of these rules, unless he or she holds a telemedicine permit issued by the board. A telemedicine permit is a limited license that provides lawful authority to a physician who does not hold a current, unrestricted Louisiana medical license to practice telemedicine with respect to patients located in this state.” And the Rules lists that the permit shall be made in a form approved by the board, and the location is that of the applicant.
The Rules lists the definition: “Telemedicine―the practice of health care delivery, diagnosis, consultation, treatment, and transfer of medical data by a physician using interactive telecommunication technology that enables a physician and a patient at two locations separated by distance to interact via two-way video and audio transmissions simultaneously. Neither an electronic mail message between a physician and a patient, or a true consultation constitutes telemedicine for the purposes of this Part. A physician practicing by telemedicine may utilize interactive audio without the requirement of video if, after access and review of the patient’s medical records, the physician determines that he or she is able to meet the same standard of care as if the healthcare services were provided in person.”
And also, “Standard of Care. The practice of medicine by telemedicine, including the issuance of any prescription via electronic means shall be held to the same prevailing and usually accepted standards of medical practice as those in traditional (face-to-face) settings. An online, electronic or written mail message does not satisfy the standards of appropriate care.”
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