LAC 46: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 patient’s medical record; 2. if required by the standard of care applicable to the diagnosis or treatment of the patient’s 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 physician’s 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 physician’s 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.