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)(1)–(4) A. As used in this Section: (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. 37:22.1(A)(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. 37:22.1(A)(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. (2) "DepartmentDepartment"Department" means the Louisiana Department of Health.R.S. 37:22.1(A)(2)" means the Louisiana Department of Health. (3) "Healthcare professionalHealthcare professional"Healthcare professional" means any professional providing healthcare services or treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement.R.S. 37:22.1(A)(3)" means any professional providing healthcare services or treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement. (4) "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. 37:22.1(A)(4)" means a person, partnership, limited liability partnership, limited liability company, corporation, or facility licensed or certified by this state to provide healthcare services.
This subsection defines four key terms used throughout the bill. Artificial intelligence is defined broadly using the OECD-style formulation. Healthcare provider — the covered entity — encompasses any person, partnership, LLC, corporation, or facility licensed or certified to provide healthcare services in Louisiana, while healthcare professional refers to individual licensed practitioners whose review and approval is required for clinical AI uses under subsection C.
(B) B. 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. 37:22.1(A)(4) 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. 37:22.1(A)(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 trends. (5) To identify and organize an external resource or a referral for a patient. (6) To draft a general communication related to therapy logistics that does not include therapeutic advice.
This subsection authorizes healthcare providers to use AI for a non-exhaustive list of administrative and analytical tasks. The enumerated uses — record preparation, scheduling, billing, anonymized data analysis, resource identification, and non-therapeutic logistics communications — define the safe harbor of permissible AI use. The "including but not limited to" framing means other administrative or analytical uses are also authorized, but only if they fall within the administrative-or-analytical category.
(C) 1 C. 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. 37:22.1(A)(4) 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. 37:22.1(A)(1) without review and approval by a licensed healthcare professionalHealthcare professional"Healthcare professional" means any professional providing healthcare services or treatment licensed in accordance with this Title or permitted to practice in this state through an interstate compact or agreement.R.S. 37:22.1(A)(3) to do any of the following: (1) Make a decision related to treatment or diagnosis. (2) Interact directly with a patient in any form of communication. (3) Generate a therapeutic recommendation or treatment plan.
This subsection imposes the bill's core clinical restriction: a healthcare provider may not use AI to perform treatment or diagnostic decisions, direct patient interactions, or therapeutic recommendation generation without review and approval by a licensed healthcare professional. The obligation falls on the provider entity, but requires a human-in-the-loop — specifically a licensed healthcare professional — to review and approve any AI output before it is used in these clinical functions. The prohibition on AI interacting directly with patients in "any form of communication" without professional review is notably broad and could reach automated patient-portal messages or chatbot interactions unless narrowed by implementing rules.
(D)(1) D.(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. 37:22.1(A)(4) found in violation of this Section shall pay a civil penalty in an amount not to exceed ten thousand dollars per violation to the departmentDepartment"Department" means the Louisiana Department of Health.R.S. 37:22.1(A)(2).
(D)(2)(a)–(b) The departmentDepartment"Department" means the Louisiana Department of Health.R.S. 37:22.1(A)(2) may investigate any complaints of actual, alleged, or suspected violations of this Section against healthcare providersHealthcare 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. 37:22.1(A)(4) licensed or certified by the departmentDepartment"Department" means the Louisiana Department of Health.R.S. 37:22.1(A)(2). (b) The departmentDepartment"Department" means the Louisiana Department of Health.R.S. 37:22.1(A)(2) may refer complaints of actual, alleged, or suspected violations of this Section to the appropriate licensing board or agency with jurisdiction over the 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. 37:22.1(A)(4).
(D)(3) The departmentDepartment"Department" means the Louisiana Department of Health.R.S. 37:22.1(A)(2) shall promulgate rules to implement the provisions of this Section.
This subsection establishes the enforcement framework. A healthcare provider found in violation is subject to a civil penalty of up to $10,000 per violation payable to the Louisiana Department of Health. LDH may investigate complaints against providers it licenses or certifies, and may refer complaints involving other providers to the appropriate licensing board. LDH is directed to promulgate implementing rules, which will be critical for clarifying the scope of the subsection C prohibitions.