Current through Register Vol. 50, No. 9, September 20, 2024
A.
Requirement for Permit/Qualifications. A physician who does not possess a
Louisiana medical license shall not engage in the practice of medicine in this
state via telemedicine, as defined in Chapter 75 of these rules, unless he or
she holds a telemedicine permit issued by the board. A telemedicine permit is a
limited license that provides lawful authority to a physician who does not hold
a current, unrestricted Louisiana medical license to practice telemedicine with
respect to patients located in this state. To be eligible for a telemedicine
permit an applicant shall:
1. possess the
qualifications for licensing prescribed by
§311 of these rules;
2. possess an unrestricted license to
practice medicine issued by the medical licensing authority of a state other
than Louisiana (whether allopathic or osteopathic);
3. have completed a board-approved
application and satisfied the applicable fee.
B. Permit Denial. The board may deny or
refuse to issue a telemedicine permit to an otherwise eligible applicant:
1. who does not satisfy the qualifications
prescribed by this Chapter;
2. for
any of the causes enumerated by
R.S.
37:1285(A), or violation of
any other provision of the Louisiana Medical Practice Act,
R.S.
37:1261 et seq.;
3. who has been the subject of previous
disciplinary action by the medical licensing authority of any state;
4. who is the subject of a pending
investigation by the board, the medical licensing authority of another state or
a federal agency;
5. who has been
denied, had suspended, revoked, restricted or relinquished staff or clinical
privileges at a hospital or institution while under investigation for, or as a
result of, professional competency or conduct;
6. who has been, or is currently in the
process of being denied, terminated, suspended, refused, limited, placed on
probation or under other disciplinary action with respect to participation in
any private, state, or federal health care insurance program; or
7. who voluntarily surrendered while under
investigation by the issuing authority, or had suspended, revoked or
restricted, his or her state or federal controlled substance permit or
registration.
C.
Applicant's Burden. The burden of satisfying the board as to the qualifications
and eligibility of the applicant for a telemedicine permit shall be upon the
applicant, who shall demonstrate and evidence such qualifications in the manner
prescribed by and to the satisfaction of the board.
D. Application. Application for a
telemedicine permit shall be made in a format approved by the board and shall
include:
1. proof documented in a form
satisfactory to the board that the applicant possesses the qualifications set
forth in this Subchapter;
2. a
description of how telemedicine will be used and the primary location(s) from
which it will be utilized by the applicant;
3. the primary location(s) from which
telemedicine will be utilized by the applicant;
4. criminal history record
information;
5. such other
information, acknowledgments and documentation as the board may require;
and
6. a fee of $300. The board may
waive such fee in favor of an applicant who advises the board in writing that
his or her use of telemedicine in this state shall be limited to the provision
of voluntary, gratuitous medical services.
E. Appearances. An applicant shall be
required to appear before the board or its designee if the board has questions
concerning the applicant's qualifications.
F. Effect of Application. The submission of
an application pursuant to this Subchapter shall constitute and operate as an
authorization and consent by the applicant to:
1. submit to the jurisdiction of the board in
all matters set forth in the Act or any other applicable Louisiana law, as well
as the board's rules;
2. produce
medical or other documents, records, or materials and appear before the board
upon written request; and
3. report
to the board in writing within 30 days of any disciplinary action against the
applicant's:
a. license to practice medicine
in another state; or
b. federal or
state registration or permit to prescribe, dispense or administer controlled
substances or the voluntary surrender thereof while under investigation by the
issuing authorities.
G. Permit Expiration, Renewal. A telemedicine
permit shall expire annually on the expiration date stated thereon or the last
day of the month in which the licensee was born, whichever is the later, unless
renewed by the submission of a renewal application containing such information
as the board may require, together with a renewal fee of $200.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1262, 1270, 1271, 1275, 1276.1 and
1281.
