Chapter XLV

A. Registration of authority to engage in collaborative drug therapy management shall expire annually on the same day as a physician's medical license unless renewed by a physician by submitting an application to the board upon forms supplied by the board, together with verificat…

A. To assist the board on matters relative to collaborative drug therapy management, a Collaborative Drug Therapy Management Advisory Committee is hereby constituted, to be composed and appointed, to have such functions, and to discharge such duties and responsibilities as herein…

A. The advisory committee is authorized by the board to assist by: 1. providing advice and recommendations to the board respecting the modification, amendment, and supplementation of its rules concerning physicians who engage in collaborative drug therapy management; 2. serving a…

A. A physician may only engage in collaborative drug therapy management with a pharmacist in accordance with a patient specific, drug specific, disease or condition specific order set satisfying the requirements of § 7429 of this Chapter. B. A physician engaged in collaborative d…

A. A physician shall not engage in collaborative drug therapy management of a patient without the patient's written informed consent. B. In addition to the requirements provided by law for obtaining a patient's informed consent, each patient who is subject to collaborative drug t…

A. An order set shall be utilized for each patient to be managed by collaborative drug therapy management. The order set shall incorporate whatever patient specific variations the physician may deem necessary and shall adhere to generally accepted standards of care. A copy of the…

A. A physician engaged in collaborative drug therapy management shall: 1. annually report, as a condition to the renewal of that physician's license, whether or not and the extent to which the physician is engaged in collaborative drug therapy management and such other informatio…

A. Included in the medical record on a patient subject to collaborative drug therapy management shall be a copy of: 1. the prescription or order implementing drug therapy management and any subsequent orders or order sets modifying the therapy; 2. documentation of physician annua…

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. For noncompliance with any of the provisions of this Chapter the board may, in addition to or in lieu of administrative proceedings against a physician's license, suspend, revoke, or cancel a physician's registration to engage in collaborative drug therapy management or impose…

A. Nothing in this Chapter shall be construed as authorizing a pharmacist to issue prescriptions, exercise independent medical judgment, render diagnoses, provide treatment, assume independent responsibility for patient care, or otherwise engage in the practice of medicine as def…

A. The rules of this Subchapter govern the use of telemedicine by physicians licensed to practice medicine in this state and those who hold a telemedicine permit issued by the board to practice medicine in this state via telemedicine. Notes La. Admin. Code tit. 46 , § XLV-7501 Pr…

A. Physician-Patient Relationship. Telemedicine shall not be utilized by a physician with respect to any individual located in this state in the absence of a physician-patient relationship. B. Standard of Care. The practice of medicine by telemedicine, including the issuance of a…

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 …

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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…