NOTE: §1271.1 (Section heading) and Subsection (A) (Intro. para.) eff. until Jan. 1, 2024. See. Acts 2023, No. 322.

§1271.1. Practice of telemedicine in licensed healthcare facilities

            A. All of the following restrictions and authorizations apply to a physician who holds an unrestricted license to practice medicine from the board and who practices telemedicine upon any patient who is being treated at a healthcare facility that is required to be licensed pursuant to the laws of this state and which holds a current registration with the United States Drug Enforcement Administration:

NOTE: §1271.1 (Section heading) and Subsection (A) (Intro. para.) eff. Jan. 1, 2024. See. Acts 2023, No. 322.

§1271.1. Physician utilization of telehealth in licensed healthcare facilities

            A. All of the following restrictions and authorizations apply to a physician who holds an unrestricted license to practice medicine from the board and who utilizes telehealth for any patient who is being treated at a healthcare facility that is required to be licensed pursuant to the laws of this state and which holds a current registration with the United States Drug Enforcement Administration:

            (1) The physician shall use the same standard of care as if the healthcare services were provided in person.

NOTE: Paragraphs (2) and (3) eff. until Jan. 1, 2024. See. Acts 2023, No. 322.

            (2) The physician shall be authorized to prescribe any controlled dangerous substance without necessity of conducting an appropriate in-person patient history or physical examination of the patient as otherwise would be required by R.S. 37:1271(B)(2).

            (3) The physician shall not be subject to any regulatory prohibition or restriction on the practice of telemedicine, including prohibitions or restrictions related to prescribing controlled dangerous substances, which are in any manner more restrictive than the prohibitions and restrictions that are otherwise applicable to the entire practice of medicine.

NOTE: Paragraphs (2) and (3) eff. Jan. 1, 2024. See. Acts 2023, No. 322.

            (2) The physician may prescribe any controlled dangerous substance without necessity of conducting an appropriate in-person patient history or physical examination of the patient as otherwise would be required by R.S. 40:1223.4.

            (3) The physician shall not be subject to any regulatory prohibition or restriction on the utilization of telehealth, including prohibitions or restrictions related to prescribing controlled dangerous substances, which are in any manner more restrictive than the prohibitions and restrictions that are otherwise applicable to the entire practice of medicine.

            B. Nothing in this Section shall prohibit or otherwise restrict the board from taking any action allowed by law or regulation in the administration of any disciplinary matter.

            Acts 2016, No. 252, §1, eff. May 26, 2016; Acts 2023, No. 322, §3, eff. Jan. 1, 2024.