Indiana Adopts New Telemedicine Policy

The Indiana legislature adopted a new telemedicine policy (House Act No. 1263), signed into law by the governor on March 21 and effective July 1. The statute allows a variety of providers, including licensed physicians, physician assistants, advanced practice nurses, and optometrists, to provide health care services to patients located in Indiana via telemedicine, defined to include secure videoconferencing, interactive audio-using store-and-forward technology, and remote patient monitoring technology. The statute requires that physicians and other providers utilizing telemedicine establish a proper physician–patient relationship through an appropriate examination. Importantly, this examination does not require an in-person visit but must involve appropriate disclosures, informed consent, an adequate medical history, and the creation of a medical record and "telemedicine visit summary," among other things. The statute also permits remote prescribing of certain drugs and devices without a prior in-person examination but specifically excludes the prescribing of controlled substances, abortion-inducing drugs, and ophthalmic devices (glasses and contact lenses). Further, the statue calls out that telemedicine does not include, among other things, an audio-only communication, electronic mail, instant messaging, a telephone consultation, or an internet consultation. Under the law, out-of-state telemedicine providers must file a certification with the appropriate Indiana licensing agency, expressly agreeing to be subject to Indiana law and jurisdiction in connection with any claim asserted against the provider arising from the provision of health care services in Indiana.

The statute appears to conflict with current regulations of the Medical Licensing Board, which the Board has previously interpreted to require an in-person "physical evaluation" to establish a provider–patient relationship.

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