Section 25-1-9.5-7 - Standards for providing telehealth; maintenance of medical records; waiver of confidentiality; prohibition on requiring employee to use telehealth(a) A practitioner who:(1) provides health care services through telehealth; or(2) directs an employee of the practitioner to perform a health care service listed in section 2.5(a)(2), 2.5(a)(3), or 2.5(a)(4) of this chapter; shall be held to the same standards of appropriate practice as those standards for health care services provided at an in-person setting.
(b) 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) a verbal statement or other data from the patient identifying the patient's location; and(B) 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:(B) evidence for the diagnosis; and(C) 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:(A) The practitioner is using an electronic health record system that the patient's primary care provider is authorized to access.(B) 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.(c) 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.(d) 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.(e) An employer may not require a practitioner, by an employment contract, an agreement, a policy, or any other means, to provide a health care service through telehealth if the practitioner believes that providing a health care service through telehealth would:(1) negatively impact the patient's health; or(2) result in a lower standard of care than if the health care service was provided in an in-person setting.(f) Any applicable contract, employment agreement, or policy to provide telehealth services must explicitly provide that a practitioner may refuse at any time to provide health care services if in the practitioner's sole discretion the practitioner believes: (1) that health quality may be negatively impacted; or(2) the practitioner would be unable to provide the same standards of appropriate practice as those provided in an in-person setting.Amended by P.L. 109-2022,SEC. 6, eff. 7/1/2022.Amended by P.L. 85-2021,SEC. 17, eff. 4/20/2021.Amended by P.L. 129-2018,SEC. 26, eff. 7/1/2018.Amended by P.L. 150-2017,SEC. 6, eff. 7/1/2017.Added by P.L. 78-2016, SEC. 2, eff. 7/1/2016.