§1745.2. Diagnosis of certain mental health conditions; limitation

A. No physician or other health care provider shall diagnose the condition of factitious disorder imposed on another, formerly known as "Munchausen syndrome by proxy", unless he meets all of the following criteria:

(1) He is licensed as a health care provider in this state.

(2) He is qualified by licensure and professional training to diagnose mental health conditions.

(3) He has conducted a bona fide evaluation of the person he diagnoses.

B. For purposes of this Section, the following terms have the meaning ascribed in this Subsection:

(1) "Bona fide evaluation" means all of the following actions have occurred:

(a) The health care provider has reviewed the relevant clinical records of the individual and the purported victim, and has completed a full assessment of the individual's clinical history and current clinical condition. For purposes of this Section, "clinical records" shall include, without limitation, documentation from schools, health care providers, child care providers, agencies, and other institutions; interviews with members of the extended family, friends, and acquaintances of the individual; and other collateral sources when the resulting information is likely to be relevant.

(b) The health care provider has performed an in-person clinical evaluation of the individual which includes a clinical interview and behavioral observation.

(c) The health care provider has created and maintained a record of the condition of the individual in accordance with clinically accepted standards to support a mental health diagnosis.

(2) "Health care provider" has the meaning ascribed in R.S. 40:1231.1(A).

Acts 2018, No. 193, §1.