Skip to Content

Informed Consent – 844 Ind. Admin. Code 5-3-5

Link to the law
This will open in a new window

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 15-1.5-4

410 Ind. Admin. Code 15-2.5-3

410 Ind. Admin. Code 16.2-3.1-50

844 Ind. Admin. Code 5-3-4

Current as of June 2015