Section 26-2-8-116 - Electronic signature involving individual health information(a) As used in this section, "authorization" means a consent, an approval, or an authorization between an individual and a person.(b) As used in this section, "electronic identification" means the electronic identification system for form, location, and endorsement that is specified in subsection (d).(c) Electronic signature authentication and identification may be used for an individual who participates in agreements, authorizations, contracts, records, or transactions that involve individually identifiable health information, including medical records and record keeping, transfer of medical records, medical billing, health care proxies, health care directives, consent to medical treatment, medical research, and organ and tissue donation or procurement.(d) The electronic authentication and identification under subsection (c) may be accomplished by an interactive system of security procedures that include any of the following: (1) A tamper proof electric appliance that receives input of unique identification numbers, unique biometric identifiers, or location devices.(2) A computerized authentication process for biometric identifiers that is linked to the appropriate identification numbers upon receipt of the identifiers.(3) Transmission of verification of the identifiers to a securely maintained electronic repository.No provision in this section may be construed to supersede or preempt applicable federal and state law, including the Indiana Uniform Electronic Transactions Act (IC 26-2-8), the Health Insurance Portability and Accountability Act of 1996 and associated regulations, and 21 CFR Part 11.
As added by P.L. 77-2005, SEC.1.