2019 Indiana Code
Title 25. Professions and Occupations
Article 1. General Provisions
Chapter 9.5. Telemedicine Services and Prescriptions
25-1-9.5-9. Physically located outside Indiana and providing health care; certification; renewal
Sec. 9. (a) A prescriber who is physically located outside Indiana is engaged in the provision of health care services in Indiana when the prescriber:
(1) establishes a provider-patient relationship under this chapter with; or
(2) determines whether to issue a prescription under this chapter for;
an individual who is located in Indiana.
(b) A prescriber described in subsection (a) may not establish a provider-patient relationship under this chapter with or issue a prescription under this chapter for an individual who is located in Indiana unless the prescriber and the prescriber's employer or the prescriber's contractor, for purposes of providing health care services under this chapter, have certified in writing to the Indiana professional licensing agency, in a manner specified by the Indiana professional licensing agency, that the prescriber and the prescriber's employer or prescriber's contractor agree to be subject to:
(1) the jurisdiction of the courts of law of Indiana; and
(2) Indiana substantive and procedural laws;
concerning any claim asserted against the prescriber, the prescriber's employer, or the prescriber's contractor arising from the provision of health care services under this chapter to an individual who is located in Indiana at the time the health care services were provided. The filing of the certification under this subsection shall constitute a voluntary waiver by the prescriber, the prescriber's employer, or the prescriber's contractor of any respective right to avail themselves of the jurisdiction or laws other than those specified in this subsection concerning the claim. However, a prescriber that practices predominately in Indiana is not required to file the certification required by this subsection.
(c) A prescriber shall renew the certification required under subsection (b) at the time the prescriber renews the prescriber's license.
(d) A prescriber's employer or a prescriber's contractor is required to file the certification required by this section only at the time of initial certification.
As added by P.L.78-2016, SEC.2. Amended by P.L.150-2017, SEC.8.
