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Terms Used In Louisiana Revised Statutes 37:1276.1

  • Board: means the Louisiana State Board of Medical Examiners. See Louisiana Revised Statutes 37:1262
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Physician: means a natural person who is the holder of an allopathic (M. See Louisiana Revised Statutes 37:1262
  • Telemedicine: means the practice of health care delivery, diagnosis, consultation, treatment, and transfer of medical data by a physician using technology that enables the physician and a patient at two locations separated by distance to interact. See Louisiana Revised Statutes 37:1262

            A. The board shall issue a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States.

            B. The board shall establish by rule in accordance with the Administrative Procedure Act the requirements for licensure under this Section provided the rules include the following:

            (1) The physician licensed under this Section shall not open an office in this state, shall not meet with patients in this state, and shall not receive calls in this state from patients.

            (2) The physician, when examining a patient by telemedicine, shall establish a bona fide physician-patient relationship by:

            (a) Conducting an appropriate examination of the patient as determined by the board.

            (b) Establishing a diagnosis through the use of accepted medical practices including but not limited to patient history, mental status, and appropriate diagnostic and laboratory testing.

            (c) Discussing with the patient any diagnosis as well as the risks and benefits of various treatment options.

            (d) Ensuring the availability for appropriate follow-up care.

            (e) Fulfilling any other requirements as deemed appropriate and necessary by the board.

            (3) The board may establish by rule additional qualifications, requirements, scope, and limitations of the use of telemedicine in this state as the board may deem appropriate.

            C. Any physician licensed to practice telemedicine in accordance with this Section shall be subject to the provisions of this Part, the jurisdiction of the board, applicable state law, and, with respect to providing medical services to state residents, to the jurisdiction of Louisiana courts.

NOTE: §1276.1 repealed eff. Jan. 1, 2024. See Acts 2023, No. 322, §6.

§1276.1. Repealed by Acts 2023, No. 322, §6, eff. Jan. 1, 2024.

            Acts 2008, No. 850, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by the La. St. Bd. of Medical Examiners; Acts 2023, No. 322, §6, eff. Jan. 1, 2024.