844 IAC 5-4-1
844 IAC 5-4-1 General provisions
Cite as Ind. Admin. Code tit. 844, r. 5-4-1
Sec. 1. (a) Except in institutional settings, on-call situations, cross-coverage situations, and situations involving advanced practice nurses
with prescriptive authority practicing in accordance with standard care arrangements, as described in subsection (d), a physician shall not prescribe,
dispense, or otherwise provide, or cause to be provided, any controlled substance to a person who the physician has never personally physically
examined and diagnosed.
(b) Except in institutional settings, on-call situations, cross-coverage situations, and situations involving advanced practice nurses with
prescriptive authority practicing in accordance with the requirements of IC 25-23-1-19.4 and 848 IAC 5, as described in
subsection (d), a physician shall not prescribe, dispense, or otherwise provide, or cause to be provided, any legend drug that is not a controlled
substance to a person who the physician has never personally physically examined and diagnosed unless the physician is providing care in
consultation with another physician who has an ongoing professional relationship with the patient, and who has agreed to supervise the patient's use
of the drug or drugs to be provided.
(c) A physician shall not advertise or offer, or permit the physician's name or certificate to be used in an advertisement or offer, to provide
any legend drug in a manner that would violate subsection (a) or (b).
(d) Subsections (a) and (b) do not apply to or prohibit the following:
(1) The provision of drugs to a person who is admitted as an inpatient to or is a resident of an institutional facility.
(2) The provision of controlled substances or legend drugs by a physician to a person who is a patient of a colleague of the physician,
if the drugs are provided pursuant to an on-call or cross-coverage arrangement between the physicians.
(3) The provision of controlled substances or legend drugs by emergency medical squad personnel, nurses, or other appropriately
trained and licensed individuals as permitted by IC 25-22.5-1-2.
(4) The provision of controlled substances or drugs by an advanced practice nurse with prescriptive authority practicing in accordance
with a standard care arrangement that meets the requirements of IC 25-23-1-19.4 and 848 IAC 5.