Sec. 9. (a) A practitioner who is physically located outside Indiana is engaged in the provision of health care services in Indiana when the practitioner:

(1) establishes a provider-patient relationship under this chapter with; or

Terms Used In Indiana Code 25-1-9.5-9

  • health care services: includes the following:

    Indiana Code 25-1-9.5-2.5

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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

(2) determines whether to issue a prescription under this chapter for;

an individual who is located in Indiana.

     (b) A practitioner described in subsection (a) may not establish a provider-patient relationship under this chapter with or issue a prescription under this chapter for an individual who is located in Indiana unless the practitioner and the practitioner’s employer or the practitioner’s contractor, for purposes of providing health care services under this chapter, have certified in writing to the Indiana professional licensing agency, in a manner specified by the Indiana professional licensing agency, that the practitioner and the practitioner’s employer or practitioner’s contractor agree to be subject to:

(1) the jurisdiction of the courts of law of Indiana; and

(2) Indiana substantive and procedural laws;

concerning any claim asserted against the practitioner, the practitioner’s employer, or the practitioner’s contractor arising from the provision of health care services under this chapter to an individual who is located in Indiana at the time the health care services were provided. The filing of the certification under this subsection shall constitute a voluntary waiver by the practitioner, the practitioner’s employer, or the practitioner’s contractor of any respective right to avail themselves of the jurisdiction or laws other than those specified in this subsection concerning the claim. However, a practitioner that practices predominately in Indiana is not required to file the certification required by this subsection.

     (c) A practitioner shall renew the certification required under subsection (b) at the time the practitioner renews the practitioner’s license.

     (d) A practitioner’s employer or a practitioner’s contractor is required to file the certification required by this section only at the time of initial certification.

As added by P.L.78-2016, SEC.2. Amended by P.L.150-2017, SEC.8; P.L.85-2021, SEC.19.