La. Public Health and Safety § 40:1223.3

Current with changes from the 2024 legislative session, Chs. 3, 6-495, effective on or before 7/1/2024

Section 40:1223.3 - 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.

(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.

(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.

(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.

La. Public Health and Safety § 40:1223.3

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.