La. Admin. Code tit. 46 § XLV-7507

Current through Register Vol. 50, No. 9, September 20, 2024

Section XLV-7507 - Prerequisite Conditions; Disclosures

A. The practice of medicine is deemed to occur at the location of the patient. Therefore, no physician shall utilize telemedicine to provide medical services to patients located in this state unless the physician:

1. holds an unrestricted Louisiana medical license; or

2. holds a telemedicine permit as provided in §408 of these rules.

B. A physician utilizing telemedicine with respect to patients located in this state shall have:

1. access to the patients medical record;

2. if required by the standard of care applicable to the diagnosis or treatment of the patients complaints in a traditional (face-to-face) setting, the ability:

a. to utilize peripherals (such as otoscope and stethoscope);

b. to obtain diagnostic testing;

c. if necessary in the physicians judgment, to access a patient presenter to assist with the telemedicine encounter; and

d. to refer the patient to another physician in this state or arrange for follow-up care within this state as may be indicated for that purpose.

C. Disclosures. Prior to utilizing telemedicine a physician shall insure that the following disclosures have been made to the patient and documented in the medical record. Such disclosures need not be made or documented more than once, except to update the information provided:

1. the name, Louisiana medical license number and contact information [address, telephone number(s)] of the physician;

2. the physicians specialty or area of practice;

3. how to receive follow-up and emergency care;

4. how to obtain copies of medical records and/or insure transmission to another medical provider;

5. how to receive care in the event of a technology or equipment failure; and

6. notification of privacy practices concerning individually identifiable health information, consistent with state and federal laws and regulations.

La. Admin. Code tit. 46, § XLV-7507

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 35:1533 (August 2009), Amended LR 412145 (10/1/2015), Amended LR 43317 (2/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1262, 1270, 1271, 1275 and 1276.1.