 
HEALTHCARE: Internet Medical Practice in Illinois and Indiana
An estimated forty percent (40%) of adults report the internet has helped them cope with a major illness, while fifty-four percent (54%) report the internet has helped them assist another person in coping with illness. Pew Internet & American Life Project, John Horrigan and Lee Rainie, The Internet’s Growing Role in Life’s Major Moments, (April 19, 2006). Given these statistics, it is not surprising that many physicians see the benefit to using the internet in carrying out their medical practice. To use this valuable practice tool, it is important to recognize physicians may have to navigate one more set of rules in a sea already filled with regulations.
In Illinois, the Illinois State Medical Society’s 2007 Legislative Agenda seeks to amend current regulations to add criteria for the practice of internet prescribing. First, there must be an established relationship evidenced by documented patient evaluations. Second, the physician and patient must clearly discuss treatment options and risk. Lastly, the physician must maintain medical records. The proposal further seeks to provide exemptions in emergency situations, in consult with other health care professionals, in on-call consultations, for admissions orders, with respect to orders for patients in long-term care facilities or hospitals, or for continuing medication for a new patient prior to the first appointment, but only for a limited period of time.
In Indiana, physicians engaging in internet medical practice can rely on its State Medical Board for guidance. In Rule 3, 844 IAC 5-3-1, the Board requires that physicians have a documented patient evaluation, including history and physical, before providing treatment electronically and specifically prohibits prescribing medication based on internet questionnaires or consultations. Physicians must further maintain written policies related to the use of electronic service and patient privacy and security, and patients must give written consent for “patient-physician e-mail.” Further, the patient’s medical record must contain copies of any electronic communications.
While the internet can be a valuable tool for a medical practice, given the regulatory implications, physicians should consult counsel before engaging in any form of internet medical practice.» Back
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