LAC 46:XLV.7503. Definitions

A. As used in this Chapter and in §408 of these rules, unless the content clearly states otherwise, the following words and terms shall have the meanings specified. Board―the Louisiana State Board of Medical Examiners, as constituted in the Medical Practice Act. Controlled Substance―any substance defined, enumerated, or included in federal or state statute or regulations 21 C.F.R. 1308.11-.15 or R.S. 40:964, or any substance which may hereafter be designated as a controlled substance by amendment or supplementation of such regulations or statute. Department―the Louisiana Department of Health and Hospitals. In-Person Visit―a face-to-face evaluation conducted by a physician who is at the same physical location as the patient. Medical Practice Act or the Act―R.S. 37:1261-92, as may from time to time be amended. Physician―an individual lawfully entitled to engage in the practice of medicine in this state as evidenced by a current license or a telemedicine permit duly issued by the board. Physician-Patient Relationship―physicians utilizing telemedicine shall establish a proper physician-patient relationship by: a. verifying the identity of the individual requesting treatment. Appropriate contact and identifying information shall be made part of the medical record; b. conducting an appropriate examination. The examination does not require an in-person visit if the technology is sufficient to provide the physician the pertinent clinical information reasonably necessary to practice at an acceptable level of skill and safety; c. establishing a diagnoses through the use of accepted medical practices e.g., history, mental status, appropriate diagnostic and laboratory testing; d. discussing the diagnoses and risks and benefits of various treatment options; e. insuring the availability for appropriate follow-up care; and f. creating and/or maintaining a medical record. 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. Telemedicine Permit―a permit issued by the board in accordance with §408 of these rules.