Introduced Version
HOUSE BILL No. 1113
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-1; IC 25-22.5-1-1.1.
Synopsis: Practitioner identification and advertising. Provides that,
beginning January 1, 2023, a practitioner holding a license issued by
the board of chiropractic examiners, the state board of dentistry, the
state board of health facility administrators, the medical licensing
board, the state board of nursing, the optometry board, the board of
pharmacy, the board of podiatric medicine, the speech-language
pathology and audiology board, the state psychology board, the board
of physical therapy, the respiratory care committee, the occupational
therapy committee, the behavioral health and human services licensing
board, the physician assistant committee, or the athletic trainers board
is subject to disciplinary sanctions if the practitioner: (1) communicates
or disseminates to the general public an advertisement that includes
deceptive or misleading information or does not prominently state the
type of license held by the practitioner; or (2) fails, while providing
direct patient care, to wear an identification badge that clearly sets forth
the practitioner's first and last name, type of license, and, if applicable,
status as a student, intern, trainee, or resident. Establishes certain
exceptions. Provides, for purposes of the law prohibiting the unlawful
practice of medicine or osteopathic medicine, that "the practice of
medicine or osteopathic medicine" includes attaching to an individual's
name the words "anesthesiologist", "cardiologist", "dermatologist", or
other specified words that identify a member of a medical specialty.
Effective: July 1, 2022.
Zent, Barrett, Fleming, Schaibley
January 4, 2022, read first time and referred to Committee on Public Health.
2022 IN 1113—LS 6798/DI 77 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1113
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-1-10.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]:
4 Chapter 10.3. Health Care Provider Advertising
5 Sec. 1. This chapter does not apply to an advertisement
6 communicated or disseminated before January 1, 2023.
7 Sec. 2. (a) As used in this chapter, "advertisement" means any
8 printed, electronic, or oral statement:
9 (1) that is communicated or disseminated to the general
10 public; and
11 (2) that:
12 (A) is intended to encourage a person to use a
13 practitioner's professional services; or
14 (B) for commercial purposes, names a practitioner in
15 connection with the practice, profession, or institution in
16 which the practitioner is employed, volunteers, or provides
17 health care services.
2022 IN 1113—LS 6798/DI 77 2
1 (b) The term includes the communication or dissemination as
2 described in subsection (a) of any of the following:
3 (1) A business card.
4 (2) Letterhead.
5 (3) A patient brochure.
6 (4) A pamphlet.
7 (5) A newsletter.
8 (6) A telephone directory.
9 (7) Electronic mail.
10 (8) An Internet web site.
11 (9) A physician data base.
12 (10) An audio or video transmission.
13 (11) A direct patient solicitation.
14 (12) A billboard.
15 (13) Any other communication or statement used in the course
16 of business for the purpose of promoting services offered to
17 the public.
18 (c) The term does not include the following:
19 (1) Office building placards.
20 (2) Exterior building signage.
21 Sec. 3. As used in this chapter, "deceptive or misleading
22 information" means any information that misrepresents or falsely
23 describes a practitioner's:
24 (1) profession;
25 (2) skills;
26 (3) training;
27 (4) expertise;
28 (5) education;
29 (6) board certification; or
30 (7) license.
31 Sec. 4. As used in this chapter, "license" includes a license,
32 certificate, registration, or permit, including:
33 (1) an unlimited license, certificate, or registration;
34 (2) a limited or probationary license, certificate, or
35 registration;
36 (3) a temporary license, certificate, registration, or permit;
37 (4) an intern permit; or
38 (5) a provisional license.
39 Sec. 5. (a) As used in this chapter, except as provided in
40 subsection (b), "practitioner" means an individual who holds a
41 license issued by a board described in IC 25-0.5-11, including a
42 certificate of registration issued under IC 25-20.
2022 IN 1113—LS 6798/DI 77 3
1 (b) The term does not include a veterinarian licensed under
2 IC 25-38.1.
3 Sec. 6. (a) As used in this chapter, "type of license" means the
4 name or title of the profession of which a practitioner is a member,
5 as displayed on the license issued to the practitioner by the board
6 described in IC 25-0.5-11 that issued the practitioner's license.
7 (b) The term includes any acronym or designation specifically
8 allowed for use by individuals licensed by a board described in
9 IC 25-0.5-11 under the governing statutes and rules.
10 (c) The term does not include a reference to or an acronym
11 solely associated with the educational degree or qualifications of an
12 individual licensed by a board described in IC 25-0.5-11 unless the
13 reference or acronym is otherwise allowed for use by individuals
14 licensed by the board under the governing statutes and rules.
15 Sec. 7. (a) An advertisement that includes a practitioner's name
16 must prominently state the type of license held by the practitioner.
17 (b) A written advertisement that includes a practitioner's name
18 must prominently set forth the type of license held by the
19 practitioner in a font size and style that makes the information
20 readily apparent to the reader.
21 (c) An advertisement must not include any deceptive or
22 misleading information.
23 (d) A practitioner who communicates or disseminates to the
24 general public an advertisement that violates this section is subject
25 to disciplinary sanctions under IC 25-1-9 by the board that issued
26 the practitioner's license.
27 SECTION 2. IC 25-1-10.5 IS ADDED TO THE INDIANA CODE
28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]:
30 Chapter 10.5. Health Care Provider Identification Badges
31 Sec. 1. As used in this chapter, "direct patient care" means
32 health care that:
33 (1) provides for the physical, diagnostic, emotional, or
34 rehabilitation needs of a patient; or
35 (2) involves:
36 (A) the examination of a patient;
37 (B) the treatment of a patient; or
38 (C) the preparation of a patient for diagnostic tests or
39 procedures.
40 Sec. 2. (a) As used in this chapter, except as provided in
41 subsection (b), "practitioner" means an individual who holds a
42 license issued by a board described in IC 25-0.5-11, including a
2022 IN 1113—LS 6798/DI 77 4
1 certificate of registration issued under IC 25-20.
2 (b) The term does not include a veterinarian licensed under
3 IC 25-38.1.
4 Sec. 3. As used in this chapter, "type of license" has the meaning
5 set forth in IC 25-1-10.3-6.
6 Sec. 4. (a) Except as provided in subsection (b), and subject to
7 subsection (d), a practitioner who provides direct patient care
8 shall, during each patient encounter, wear an identification badge
9 that:
10 (1) is of sufficient size and worn in such a manner as to be
11 visible to the patient; and
12 (2) clearly sets forth:
13 (A) the practitioner's first and last name;
14 (B) the type of license held by the practitioner; and
15 (C) if applicable, the practitioner's status as a student,
16 intern, trainee, or resident.
17 (b) A practitioner is not required to wear an identification
18 badge during a patient encounter:
19 (1) if wearing an identification badge is not clinically feasible,
20 such as when the practitioner is in:
21 (A) an operating room;
22 (B) an emergency or trauma setting;
23 (C) a setting where surgical or invasive procedures are
24 performed; or
25 (D) a setting where maintaining a sterile environment is
26 medically necessary;
27 (2) when delivering direct patient care under circumstances
28 in which the practitioner is concerned for the practitioner's
29 own safety; or
30 (3) if the practitioner is providing direct patient care in an
31 office and:
32 (A) the license type and name of each practitioner who
33 works in the office is displayed on the office door in a
34 manner that meets the requirements of subsection (a); or
35 (B) the license of each health care provider working in the
36 office is posted prominently in the office and readily visible
37 to a patient.
38 (c) A practitioner who violates this section is subject to
39 disciplinary sanctions under IC 25-1-9 by the board that issued the
40 practitioner's license.
41 (d) A practitioner meets the requirements of this section if:
42 (1) the practitioner's license type is displayed on a sticker or
2022 IN 1113—LS 6798/DI 77 5
1 other object separate from but affixed to the practitioner's
2 identification badge; and
3 (2) the practitioner's badge meets the other requirements
4 under subsection (a)(1) and (a)(2).
5 SECTION 3. IC 25-22.5-1-1.1, AS AMENDED BY P.L.28-2019,
6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 1.1. As used in this article:
8 (a) "Practice of medicine or osteopathic medicine" means any one
9 (1) or a combination of the following:
10 (1) Holding oneself out to the public as being engaged in:
11 (A) the diagnosis, treatment, correction, or prevention of any
12 disease, ailment, defect, injury, infirmity, deformity, pain, or
13 other condition of human beings;
14 (B) the suggestion, recommendation, or prescription or
15 administration of any form of treatment, without limitation;
16 (C) the performing of any kind of surgical operation upon a
17 human being, including tattooing (except for providing a tattoo
18 as defined in IC 35-45-21-4(a)), in which human tissue is cut,
19 burned, or vaporized by the use of any mechanical means,
20 laser, or ionizing radiation, or the penetration of the skin or
21 body orifice by any means, for the intended palliation, relief,
22 or cure; or
23 (D) the prevention of any physical, mental, or functional
24 ailment or defect of any person.
25 (2) The maintenance of an office or a place of business for the
26 reception, examination, or treatment of persons suffering from
27 disease, ailment, defect, injury, infirmity, deformity, pain, or other
28 conditions of body or mind.
29 (3) Attaching the designation "doctor of medicine", "M.D.",
30 "doctor of osteopathy", "D.O.", "osteopathic medical physician",
31 "physician", "surgeon", or "physician and surgeon", to a name,
32 either alone or in connection with other words, the designation
33 or term:
34 (A) "doctor of medicine";
35 (B) "M.D.";
36 (C) "doctor of osteopathy";
37 (D) "D.O.";
38 (E) "physician";
39 (F) "osteopath";
40 (G) "osteopathic medical physician";
41 (H) "surgeon";
42 (I) "physician and surgeon";
2022 IN 1113—LS 6798/DI 77 6
1 (J) "anesthesiologist";
2 (K) "cardiologist";
3 (L) "dermatologist";
4 (M) "endocrinologist";
5 (N) "gastroenterologist";
6 (O) "general practitioner";
7 (P) "gynecologist";
8 (Q) "hematologist";
9 (R) "internist";
10 (S) "laryngologist";
11 (T) "nephrologist";
12 (U) "neurologist";
13 (V) "obstetrician";
14 (W) "oncologist";
15 (X) "ophthalmologist";
16 (Y) "orthopedic surgeon";
17 (Z) "orthopedist";
18 (AA) "otologist";
19 (BB) "otolaryngologist";
20 (CC) "otorhinolaryngologist";
21 (DD) "pathologist";
22 (EE) "pediatrician";
23 (FF) "primary care physician";
24 (GG) "proctologist";
25 (HH) "psychiatrist";
26 (II) "radiologist";
27 (JJ) "rheumatologist";
28 (KK) "rhinologist";
29 (LL) "urologist"; or
30 (MM) any similar title or description of services;
31 or any other words or abbreviations to a name, indicating or
32 inducing others to believe that the named person is engaged in
33 the practice of medicine or osteopathic medicine. (as defined in
34 this section).
35 (4) Providing diagnostic or treatment services to a person in
36 Indiana when the diagnostic or treatment services:
37 (A) are transmitted through electronic communications; and
38 (B) are on a regular, routine, and nonepisodic basis or under
39 an oral or written agreement to regularly provide medical
40 services.
41 In addition to the exceptions described in section 2 of this chapter,
42 a nonresident physician who is located outside Indiana does not
2022 IN 1113—LS 6798/DI 77 7
1 practice medicine or osteopathy in Indiana by providing a second
2 opinion to a licensee or diagnostic or treatment services to a
3 patient in Indiana following medical care originally provided to
4 the patient while outside Indiana.
5 (b) "Board" refers to the medical licensing board of Indiana.
6 (c) "Diagnose or diagnosis" means to examine a patient, parts of a
7 patient's body, substances taken or removed from a patient's body, or
8 materials produced by a patient's body to determine the source or
9 nature of a disease or other physical or mental condition, or to hold
10 oneself out or represent that a person is a physician and is so examining
11 a patient. It is not necessary that the examination be made in the
12 presence of the patient; it may be made on information supplied either
13 directly or indirectly by the patient.
14 (d) "Drug or medicine" means any medicine, compound, or
15 chemical or biological preparation intended for internal or external use
16 of humans, and all substances intended to be used for the diagnosis,
17 cure, mitigation, or prevention of diseases or abnormalities of humans,
18 which are recognized in the latest editions published of the United
19 States Pharmacopoeia or National Formulary, or otherwise established
20 as a drug or medicine.
21 (e) "Licensee" means any individual holding a valid unlimited
22 license issued by the board under this article.
23 (f) "Prescribe or prescription" means to direct, order, or designate
24 the use of or manner of using a drug, medicine, or treatment, by spoken
25 or written words or other means and in accordance with IC 25-1-9.3.
26 (g) "Physician" means any person who holds the degree of doctor of
27 medicine or doctor of osteopathy or its equivalent and who holds a
28 valid unlimited license to practice medicine or osteopathic medicine in
29 Indiana.
30 (h) "Medical school" means a nationally accredited college of
31 medicine or of osteopathic medicine approved by the board.
32 (i) "Physician assistant" means an individual who:
33 (1) is supervised by a physician;
34 (2) graduated from an approved physician assistant program
35 described in IC 25-27.5-2-2;
36 (3) passed the examination administered by the National
37 Commission on Certification of Physician Assistants (NCCPA)
38 and maintains certification; and
39 (4) has been licensed by the physician assistant committee under
40 IC 25-27.5.
41 (j) "Agency" refers to the Indiana professional licensing agency
42 under IC 25-1-5.
2022 IN 1113—LS 6798/DI 77 8
1 (k) "INSPECT program" means the Indiana scheduled prescription
2 electronic collection and tracking program established by IC 25-1-13-4.
2022 IN 1113—LS 6798/DI 77