WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A) A healthcare providerHealthcare provider"Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, or facility licensed or certified by this state to provide healthcare services.R.S. 37:23.5(D)(3) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.S. 37:23.5(D)(1) to assist with an administrative or analytical task related to providing healthcare services including but not limited to any of the following: (1) To prepare and maintain a client's records and notes. (2) To manage appointment scheduling and reminders. (3) To process billing or insurance claims. (4) To analyze anonymized data to track client progress or identify trend. (5) To identify and organize an external resource or a referral for client use. (6) To draft a general communication related to therapy logistics that does not include therapeutic advice.
Subsection A establishes a permissive safe harbor for healthcare providers using AI in administrative and analytical functions. The enumerated list — records preparation, scheduling, billing, anonymized data analysis, referral organization, and non-therapeutic logistics communications — is illustrative, not exhaustive. This provision does not itself impose an affirmative compliance obligation; it defines the lawful operating space within which AI may be used, serving as the affirmative boundary against which the prohibitions in Subsection B operate.
(B)(1) 1 A healthcare providerHealthcare provider"Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, or facility licensed or certified by this state to provide healthcare services.R.S. 37:23.5(D)(3) shall not utilize artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.S. 37:23.5(D)(1) to engage in any of the following: (1) To make a decision related to treatment and diagnosis without review and approval by a licensed healthcare professionalHealthcare professional"Healthcare professional" means any professional providing healthcare services and treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement.R.S. 37:23.5(D)(2).
(B)(2) 2 To interact directly with a patient in any form of communication related to treatment and diagnosis.
(B)(3) 3 To generate a therapeutic recommendation or a treatment plan without review and approval by a healthcare professionalHealthcare professional"Healthcare professional" means any professional providing healthcare services and treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement.R.S. 37:23.5(D)(2).
Subsection B imposes three categorical prohibitions on healthcare providers' use of AI. First, AI may not make treatment or diagnostic decisions without review and approval by a licensed healthcare professional — establishing a mandatory human-in-the-loop requirement for clinical decisions. Second, AI may not interact directly with patients in any form of communication related to treatment and diagnosis, creating an absolute bar on patient-facing clinical AI communication. Third, AI may not generate therapeutic recommendations or treatment plans without professional review and approval, requiring licensed oversight over AI-generated clinical output before it reaches or affects a patient.
Notably, the bill distinguishes between healthcare professional (an individual licensee) and healthcare provider (an entity). The prohibitions in (B)(1) and (B)(3) require review by a licensed healthcare professional, while the obligation falls on the healthcare provider entity.
(C)(1) A healthcare providerHealthcare provider"Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, or facility licensed or certified by this state to provide healthcare services.R.S. 37:23.5(D)(3) found in violation of this Section shall pay a civil penalty in an amount not to exceed ten thousand dollars per violation to the Louisiana Department of Health.
(C)(2) The Louisiana Department of Health may investigate any actual, alleged, or suspected violations of this Section.
(C)(3) The Louisiana Department of Health shall promulgate rules to implement the provisions of this Section.
Subsection C establishes the enforcement framework. A healthcare provider found in violation faces a civil penalty up to $10,000 per violation, payable to the Louisiana Department of Health. The Department has investigative authority over actual, alleged, or suspected violations and is directed to promulgate implementing rules. No private right of action is created. This is a purely agency-enforced regime.
(D)(1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.S. 37:23.5(D)(1)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.R.S. 37:23.5(D)(1) systems use machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.
(D)(2) "Healthcare professionalHealthcare professional"Healthcare professional" means any professional providing healthcare services and treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement.R.S. 37:23.5(D)(2)" means any professional providing healthcare services and treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement.
(D)(3) "Healthcare providerHealthcare provider"Healthcare provider" means a person, partnership, limited liability partnership, limited liability company, corporation, or facility licensed or certified by this state to provide healthcare services.R.S. 37:23.5(D)(3)" means a person, partnership, limited liability partnership, limited liability company, corporation, or facility licensed or certified by this state to provide healthcare services.
Subsection D defines three key terms. Artificial intelligence is defined broadly as a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments — a definition closely tracking the NIST framework language. Healthcare professional means an individually licensed practitioner, while healthcare provider encompasses entities (persons, partnerships, LLCs, corporations, or facilities) licensed or certified to provide healthcare services. The distinction between these two terms is operationally important: the prohibitions in Subsection B obligate the provider entity but require sign-off by an individual licensed professional.