Chapter XLV

A. Patient records shall be: 1. created and maintained for every telemedicine visit according to the same standards of care as in an in-person visit. The record shall clearly reflect and state that the patient encounter occurred by telemedicine; 2. confidential and subject to all…

A. Only secure communication technology shall be used for telemedicine. At a minimum, telemedicine technology shall comply with all state and federal laws and regulations for medical/health information privacy and security. Notes La. Admin. Code tit. 46 , § XLV-7510 Promulgated b…

A. In addition to any informed consent and right to privacy and confidentiality that may be required by state or federal law or regulation, a physician shall insure that each patient to whom he or she provides medical services by telemedicine is: 1. informed of the relationship b…

A. The following prohibitions apply to physicians who practice medicine in this state via telemedicine. B. Preamble-Controlled Substances. While in most instances the board believes that an in-person visit is required prior to the issuance of a prescription for any controlled sub…

A. The following activities shall be exempt from the requirements of this Chapter: 1. furnishing medical assistance in case of a declared emergency or disaster, as defined by the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq., or as otherwise provided in Title 29 of t…

A. Any violation or failure to comply with the provisions of this Chapter shall be deemed to constitute unprofessional conduct and conduct in contravention of the board's rules, in violation of R.S. 37:1285(A)(13) and (30) , respectively, as well as violation of any other applica…

A. For noncompliance with any of the provisions of this Chapter, or upon a finding of the existence of any of the causes enumerated by R.S. 37:1285(A) , the board may, in addition to or in lieu of administrative proceedings provided by this Chapter, suspend, revoke, refuse to iss…

A. Any individual who utilizes telemedicine to practice medicine in this state in the absence of a medical license or a telemedicine permit duly issued by the board, shall be deemed to be engaged in the unauthorized practice of medicine and subject to the civil, injunctive and cr…

A. The board has the responsibility to consider and determine action upon all charges of conduct which fail to conform to the Louisiana Medical Practice Act, R.S. 37:1261 - 1292 et seq., as re-enacted and amended, and the rules and regulations promulgated by the board to carry ou…

A. In the exercise of its duties the board has determined to define the term unprofessional conduct , as set forth in R.S. 37:1285(A)(13) , as conduct that includes but is not limited to the departure from, or the failure to conform to, the standards of acceptable and prevailing …

A. Any violation or failure to comply with the provisions of this Subchapter shall be deemed unprofessional conduct and conduct in contravention of the board's rules, in violation of R.S. 37:1285(A)(13) and (30) , respectively, as well as violation of any other applicable provisi…

A. Preamble-State Law. Pursuant to Act 261, R.S. 40:1046 , of the 2015 Session of the Louisiana Legislature, as amended and supplemented by Act 96 of the 2016 Session of the Louisiana Legislature, the Louisiana State Board of Medical Examiners was directed to: 1. promulgate rules…

A. This Chapter is being adopted in order to comply with the obligations imposed upon the board by Act 261, R.S. 40:1046 , of the 2015 Session of the Louisiana Legislature, as amended and supplemented by Act 96 of the 2016 Session of the Louisiana Legislature, and govern a physic…

A. As used in this Chapter, the following terms and phrases shall have the meanings specified. Board -the Louisiana State Board of Medical Examiners , as established in R.S. 37:1261 - 1292 . Bona-Fide Physician-Patient Relationship -a relationship in which a physician : a. has co…

A. No physician shall: 1. issue a written request or recommendation for therapeutic marijuana unless he or she is registered with the board and complies with Louisiana law and the rules of this Chapter; 2. Repealed. 3. not delegate to any other healthcare professional or other pe…

A. This Chapter is subject to the following exceptions. 1. The rules of this Chapter shall not apply to a physician 's prescription of cannabinoid derived pharmaceuticals that are approved by the USFDA for administration to patients. Notes La. Admin. Code tit. 46 , § XLV-7709 Pro…

A. To be eligible for registration under this Chapter a physician shall, as of the date of the application : 1. hold a current, unrestricted license to practice medicine issued by the board ; 2. hold current schedule I authority or such other authority as may be designated for th…

A. Application for registration shall be made in a format approved by the board and shall include: 1. the applicant 's full name, contact information, and such other information and documentation as the board may require; 2. criminal history record information ; and 3. an applica…

A. If the qualifications, requirements, and procedures set forth in this Chapter are met to the satisfaction of the board , registration shall be issued to the applicant . B. Registration shall expire and become null, void, and to no effect the following year after issuance on th…

A. Required Prior Conditions. Nothing in this Chapter requires that a physician issue a written request or recommendation for marijuana . However, if a physician determines it medically appropriate to do so to treat or alieve symptoms of a patients qualifying medical condition th…

A. The records required by this Subchapter shall be available for examination , inspection and copying by the board or its designated employee or agent at any reasonable time, but without the necessity of prior notice by the board . The failure or refusal of a registrant to make …

A. Required Contents. A written request or recommendation for therapeutic marijuana shall include: 1. the physician 's name, address, telephone number, email address, registration number issued under this Chapter, and Louisiana schedule I or other license number for therapeutic m…

A. For noncompliance with any of the provisions of this Chapter the board may suspend, revoke, refusal to issue or impose probationary or other terms, conditions and restrictions on any license or permit to practice medicine in the state of Louisiana, or any registration issued u…

A. If any rule , provision, or item of this Chapter or the application thereof is held invalid as in excess of or inconsistent with statutory or constitutional authority, such invalidity shall not affect other rules, provisions, items, or applications, and to this end the rules a…

-THIS IS NOT A PRESCRIPTION - PHYSICIAN RECOMMENDATION FORM Section A. Patients Physician Information (Required) 1. Legal First Name 2. Middle Initial 3a. Legal Last Name 3b. Suffix (Jr., Sr., Ill, etc.) 4a. Full Professional Address (street, city (in LA), zip code) 4b. e-mail ad…

A. The rules of this Chapter govern the board's initiation of site visits and practice performance reviews prescribed or authorized by the laws or rules administered by the board. Notes La. Admin. Code tit. 46 , § XLV-7801 Promulgated by the Department of Health, Board of Medical…

A. Prior to conducting a site visit or requesting medical records from an individual licensed by the board who is not the subject of an active investigation, the executive director shall, following discussion in executive session, request approval to conduct the site visit or mak…

A. The rules of this Chapter govern the practice of physicians in this state who engage in collaborative practice with an advanced practice registered nurse who provides acts of medical diagnosis or prescriptions. Notes La. Admin. Code tit. 46 , § XLV-7901 Promulgated by the Depa…

A. As used in this Chapter, the following terms shall have the meanings specified. Act -the Louisiana Medical Practice Act or Act, R.S. 37:1261 et seq. Advanced Practice Registered Nurse or APRN -a licensed registered nurse who is licensed as an advanced practice registered nurse…

A. A physician who has signed a CPA with an APRN shall comply with the rules of this Chapter. Notes La. Admin. Code tit. 46 , § XLV-7905 Promulgated by the Department of Health, Board of Medical Examiners, LR 44 273 ( 2/1/2018 ). AUTHORITY NOTE: Promulgated in accordance with R.S…

A. This Chapter shall not apply to physician collaboration: 1. with an APRN who does not engage in acts of medical diagnosis or prescriptions, as described in R.S. 37:913(8) and (9) , or those otherwise exempt from collaborative practice pursuant to R.S. 37:930 ; and 2. in cases …

A. Before entering into a collaborative practice agreement with an APRN, a physician shall: 1. insure that he or she possesses the qualifications specified by this Chapter; and 2. have an understanding of the rules of this Chapter. B. After signing a collaborative practice agreem…

A. To be eligible to engage in collaborative practice with an APRN a physician shall: 1. be actively engaged in the provision of direct patient care in Louisiana; 2. practice in an area comparable in scope, specialty, or expertise to that of the APRN; 3. except as provided in § 7…

A. Each physician shall report to the board annually, as a condition to the issuance or renewal of medical licensure, whether or not he or she is engaged in collaborative practice with an APRN, along with such other information as the board may request. B. The information require…

A. A collaborating physician shall insure that the identity, contact information and availability of the collaborating physician(s) and APRN are available to patients of the collaborative practice. B. When serving as the sole CP for an APRN at a practice site, the CP: 1. shall gi…

A. A physician shall not collaborate with an APRN: 1. except in compliance with all applicable state and federal laws and regulations; 2. when the APRN and collaborating physician, or in the physicians absence an alternate collaborating physician, do not have the capability to be…

A. A collaborating physician shall insure that copies of the collaborative practice agreement, clinical practice guidelines, organization policy and required designation documentation for an alternate collaborating physician are available at the practice site for examination, ins…

A. Any violation or failure to comply with the provisions of this Chapter shall be deemed unprofessional conduct and conduct in contravention of the board's rules, in violation of R.S. 37:1285(A)(13) and (30) , respectively, as well as violation of any other applicable provision …

A. A prescriber or pharmacy required to obtain prior authorization from a third party payor shall complete the Louisiana Uniform Prescription Drug Prior Authorization Form referenced below in §8003, either in written form or its electronic equivalent. B. In the event a third part…

Click here to view image Click here to view image Notes La. Admin. Code tit. 46 , § XLV-8003 Promulgated by the Department of Health, Board of Medical Examiners, LR 44 2155 ( 12/1/2018 ). AUTHORITY NOTE: Promulgated in accordance with R.S. 22:1006.1(C) and 46:460.33(B).

A. The rules of this Subchapter prescribe the fees and costs applicable to the certification of private radiological technologists. Notes La. Admin. Code tit. 46 , § XLV-8183 Promulgated by the Department of Health and Human Resources, Board of Medical Examiners, LR 13:577 (Octob…

A. For processing an application for certification of a private radiological technologist as to proficiency, a fee of $35, of which $25 represents a nonrefundable processing fee, shall be payable to the board. Notes La. Admin. Code tit. 46 , § XLV-8185 Promulgated by the Departme…

A. No individual shall simultaneously hold the positions of executive director and director of investigations for the board nor shall the executive director serve as an investigator on any complaint received or initiated by the board with respect to a physician. Each of these pos…

A. This Subchapter prescribes the procedures by which interested persons may petition the Board of Medical Examiners to exercise its rulemaking authority to adopt, amend or repeal administrative rules. Notes La. Admin. Code tit. 46 , § XLV-9301 Promulgated by the Department of He…

A. As used in this Subchapter, the following terms shall have the meanings specified. Interested Person -a person who or which: a. holds or has applied for any license, certificate, permit or registration issued by the board; or b. is subject to the regulatory jurisdiction of the…

A. General Form. A petition for rulemaking must be submitted to the board in writing, legibly printed or typed. B. Title and Signature. The petition shall be plainly and prominently titled as such and manually signed by an individual petitioner, authorized officer or representati…

A. Consideration by the Board. A petition for rulemaking may be considered and acted on at any regular or special meeting of the board. Within the time prescribed by Section 9309 of this Subchapter, the board may request additional information from the petitioner or interested pe…

A. Form of Determination. The board may grant or deny a petition for rulemaking, in whole or in part. The board's determination shall be stated in writing and transmitted by U.S. mail to the person signing the petition. If the board denies a petition for rulemaking, in whole or i…

A. Board Discretion in Rulemaking. The provisions of this Subchapter are intended to provide an orderly and reasonable means for interested persons to petition the board to exercise its rulemaking authority under law and to provide for board consideration of such petitions. Petit…

A. The rules of this Chapter govern the boards processing of complaints and investigations relative to the laws governing physicians, allied health care practitioners, as defined herein, and applicants seeking to practice as a physician or allied health care practitioner, as well…