Indiana Code 25-1-9.5-8. Issuance of prescription; controlled substance conditions
(1) The prescriber has satisfied the applicable standard of care in the treatment of the patient.
Terms Used In Indiana Code 25-1-9.5-8
- ophthalmic device: means either of the following:
Indiana Code 25-1-9.5-2.8
- practitioner: means an individual who holds an unlimited license to practice as any of the following in Indiana:
Indiana Code 25-1-9.5-3.5
- prescriber: means any of the following:
Indiana Code 25-1-9.5-4
- telehealth: means the delivery of health care services using interactive electronic communications and information technology, in compliance with the federal Health Insurance Portability and Accountability Act (HIPAA), including:
Indiana Code 25-1-9.5-6
(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 telehealth 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 telehealth, 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) A practitioner acting in the usual course of the practitioner’s professional practices issues the prescription for a legitimate medical purpose.
(4) The telehealth communication is conducted using an audiovisual, real time, two-way interactive communication system.
(5) The prescriber complies with the requirements of the INSPECT program (IC 25-26-24).
(6) All other applicable federal and state laws are followed.
(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; P.L.85-2021, SEC.18.