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Informed Consent – 844 Ind. Admin. Code 5-3-5
Link to the law
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Current as of June 2015
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A written agreement must be used that documents the patient’s informed consent for the use of patient-physician email. The agreement must be discussed with and signed by the patient and included in the medical record. The agreement must include the following terms:
- Types of transmissions that will be permitted, such as prescriptions, appointment scheduling, and patient education
- Fees, if any, that will be assessed for online consultations or other electronic communications
- Under what circumstances alternate forms of communication or office visits must be utilized
- Statement that physician-patient email is not to be used in emergency situations
- Instructions on what steps the patient should take in an emergency situation
- Security measures being taken as well as potential risks to privacy
- Hold harmless clause for information lost due to technical failures
- Requirement for express patient consent to forward patient-identifiable information to a third party
- Patient’s failure to comply with the agreement may result in physician terminating the email relationship
Related Laws:
410 Ind. Admin. Code 16.2-3.1-50
Current as of June 2015
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