Consent Requirements

A health care provider (as defined in Indiana Code 16-18-2-163(a)) may not be required to obtain a separate additional written health care consent for the provision of telehealth services.

SOURCE: IN Code, 16-36-1-15. (Accessed May 2025).

A practitioner who uses telehealth shall, if such action would otherwise be required in the provision of the same health care services in a manner other than telehealth, ensure that a proper provider-patient relationship is established. The provider-patient relationship by a practitioner who uses telehealth must at a minimum include the following:

(1) Obtain the patient’s name and contact information and:

• a verbal statement or other data from the patient identifying the patient’s location; and
• to the extent reasonably possible, the identity of the requesting patient.

(2) Disclose the practitioner’s name and disclose the practitioner’s licensure, certification, or registration.

(3) Obtain informed consent from the patient.

(4) Obtain the patient’s medical history and other information necessary to establish a diagnosis.

(5) Discuss with the patient the:

• diagnosis;
• evidence for the diagnosis; and
• risks and benefits of various treatment options, including when it is advisable to seek in-person care.

(6) Create and maintain a medical record for the patient. If a prescription is issued for the patient, and subject to the consent of the patient, the prescriber shall notify the patient’s primary care provider of any prescriptions the prescriber has issued for the patient if the primary care provider’s contact information is provided by the patient. The requirements in this subdivision do not apply when any of the following are met:

• The practitioner is using an electronic health record system that the patient’s primary care provider is authorized to access.
• The practitioner has established an ongoing provider-patient relationship with the patient by providing care to the patient at least two (2) consecutive times through the use of telehealth services. If the conditions of this clause are met, the practitioner shall maintain a medical record for the patient and shall notify the patient’s primary care provider of any issued prescriptions.

(7) Issue proper instructions for appropriate follow-up care.

(8) Provide a telehealth visit summary to the patient, including information that indicates any prescription that is being prescribed.

The medical records under subsection (b)(6) must be created and maintained by the practitioner under the same standards of appropriate practice for medical records for patients in an in-person setting.

A patient waives confidentiality of any medical information discussed with the practitioner that is:

1. provided during a telehealth visit; and
2. heard by another individual in the vicinity of the patient during a health care service or consultation.

SOURCE: IN Code, 25-1-9.5-7, b (Accessed May 2025)

A written agreement must be employed documenting patient informed consent for the use of patient-physician e-mail. The agreement must be discussed with and signed by the patient and included in the medical record. The agreement must include the following terms:

1. Types of transmissions that will be permitted, such as: prescription refills;  appointment scheduling; and patient education.
2. Fees, if any, that will be assessed for on-line consultations or other electronic communication.
3. Under what circumstances alternate forms of communication or office visits must be utilized.
4. A statement that physician-patient e-mail is not to be used in emergency situations.
5. Instructions on what steps the patient should take in an emergency situation.
6. Security measures, such as encrypting data, password protected screen savers and data files, or utilizing other reliable authentication techniques, as well as potential risks to privacy.
7. Hold harmless clause for information lost due to technical failures.
8. Requirement for express patient consent to forward patient-identifiable information to a third party.
9. Patient’s failure to comply with the agreement may result in physician terminating the e-mail relationship.

SOURCE: IN Admin. Code, “Article 5” Title 844, 5-3-5. (Accessed May 2025).