2020 Indiana Code
Title 25. Professions and Occupations
Article 1. General Provisions
Chapter 9.5. Telemedicine Services and Prescriptions
25-1-9.5-8. Issuance of Prescription; Controlled Substance Conditions
Sec. 8. (a) A prescriber may issue a prescription to a patient who is receiving services through the use of telemedicine if the patient has not been examined previously by the prescriber in person if the following conditions are met:
(1) The prescriber has satisfied the applicable standard of care in the treatment of the patient.
(2) The issuance of the prescription by the prescriber is within the prescriber's scope of practice and certification.
(3) The prescription:
(A) meets the requirements of subsection (b); and
(B) is not for an opioid. However, an opioid may be prescribed if the opioid is a partial agonist that is used to treat or manage opioid dependence.
(4) The prescription is not for an abortion inducing drug (as defined in IC 16-18-2-1.6).
(5) If the prescription is for a medical device, including an ophthalmic device, the prescriber must use telemedicine technology that is sufficient to allow the provider to make an informed diagnosis and treatment plan that includes the medical device being prescribed. However, a prescription for an ophthalmic device is also subject to the conditions in section 13 of this chapter.
(b) Except as provided in subsection (a), a prescriber may issue a prescription for a controlled substance (as defined in IC 35-48-1-9) to a patient who is receiving services through the use of telemedicine, even if the patient has not been examined previously by the prescriber in person, if the following conditions are met:
(1) The prescriber maintains a valid controlled substance registration under IC 35-48-3.
(2) The prescriber meets the conditions set forth in 21 U.S.C. 829 et seq.
(3) The patient has been examined in person by a licensed Indiana health care provider and the licensed health care provider has established a treatment plan to assist the prescriber in the diagnosis of the patient.
(4) The prescriber has reviewed and approved the treatment plan described in subdivision (3) and is prescribing for the patient pursuant to the treatment plan.
(5) The prescriber complies with the requirements of the INSPECT program (IC 25-26-24).
(c) A prescription for a controlled substance under this section must be prescribed and dispensed in accordance with IC 25-1-9.3 and IC 25-26-24.
As added by P.L.78-2016, SEC.2. Amended by P.L.150-2017, SEC.7; P.L.51-2019, SEC.3; P.L.28-2019, SEC.10; P.L.211-2019, SEC.34; P.L.52-2020, SEC.4.
