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Indiana House Bill HB1113

Indiana 2022 Regular Session

Indiana House Bill HB1113 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1113
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 25-1; IC 25-22.5-1-1.1.
77 Synopsis: Practitioner identification and advertising. Provides that,
88 beginning January 1, 2023, a practitioner holding a license issued by
99 the board of chiropractic examiners, the state board of dentistry, the
1010 state board of health facility administrators, the medical licensing
1111 board, the state board of nursing, the optometry board, the board of
1212 pharmacy, the board of podiatric medicine, the speech-language
1313 pathology and audiology board, the state psychology board, the board
1414 of physical therapy, the respiratory care committee, the occupational
1515 therapy committee, the behavioral health and human services licensing
1616 board, the physician assistant committee, or the athletic trainers board
1717 is subject to disciplinary sanctions if the practitioner: (1) communicates
1818 or disseminates to the general public an advertisement that includes
1919 deceptive or misleading information or does not prominently state the
2020 type of license held by the practitioner; or (2) fails, while providing
2121 direct patient care, to wear an identification badge that clearly sets forth
2222 the practitioner's first and last name, type of license, and, if applicable,
2323 status as a student, intern, trainee, or resident. Establishes certain
2424 exceptions. Provides, for purposes of the law prohibiting the unlawful
2525 practice of medicine or osteopathic medicine, that "the practice of
2626 medicine or osteopathic medicine" includes attaching to an individual's
2727 name the words "anesthesiologist", "cardiologist", "dermatologist", or
2828 other specified words that identify a member of a medical specialty.
2929 Effective: July 1, 2022.
3030 Zent, Barrett, Fleming, Schaibley
3131 January 4, 2022, read first time and referred to Committee on Public Health.
3232 2022 IN 1113—LS 6798/DI 77 Introduced
3333 Second Regular Session of the 122nd General Assembly (2022)
3434 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3535 Constitution) is being amended, the text of the existing provision will appear in this style type,
3636 additions will appear in this style type, and deletions will appear in this style type.
3737 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3838 provision adopted), the text of the new provision will appear in this style type. Also, the
3939 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4040 a new provision to the Indiana Code or the Indiana Constitution.
4141 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4242 between statutes enacted by the 2021 Regular Session of the General Assembly.
4343 HOUSE BILL No. 1113
4444 A BILL FOR AN ACT to amend the Indiana Code concerning
4545 professions and occupations.
4646 Be it enacted by the General Assembly of the State of Indiana:
4747 1 SECTION 1. IC 25-1-10.3 IS ADDED TO THE INDIANA CODE
4848 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
4949 3 JULY 1, 2022]:
5050 4 Chapter 10.3. Health Care Provider Advertising
5151 5 Sec. 1. This chapter does not apply to an advertisement
5252 6 communicated or disseminated before January 1, 2023.
5353 7 Sec. 2. (a) As used in this chapter, "advertisement" means any
5454 8 printed, electronic, or oral statement:
5555 9 (1) that is communicated or disseminated to the general
5656 10 public; and
5757 11 (2) that:
5858 12 (A) is intended to encourage a person to use a
5959 13 practitioner's professional services; or
6060 14 (B) for commercial purposes, names a practitioner in
6161 15 connection with the practice, profession, or institution in
6262 16 which the practitioner is employed, volunteers, or provides
6363 17 health care services.
6464 2022 IN 1113—LS 6798/DI 77 2
6565 1 (b) The term includes the communication or dissemination as
6666 2 described in subsection (a) of any of the following:
6767 3 (1) A business card.
6868 4 (2) Letterhead.
6969 5 (3) A patient brochure.
7070 6 (4) A pamphlet.
7171 7 (5) A newsletter.
7272 8 (6) A telephone directory.
7373 9 (7) Electronic mail.
7474 10 (8) An Internet web site.
7575 11 (9) A physician data base.
7676 12 (10) An audio or video transmission.
7777 13 (11) A direct patient solicitation.
7878 14 (12) A billboard.
7979 15 (13) Any other communication or statement used in the course
8080 16 of business for the purpose of promoting services offered to
8181 17 the public.
8282 18 (c) The term does not include the following:
8383 19 (1) Office building placards.
8484 20 (2) Exterior building signage.
8585 21 Sec. 3. As used in this chapter, "deceptive or misleading
8686 22 information" means any information that misrepresents or falsely
8787 23 describes a practitioner's:
8888 24 (1) profession;
8989 25 (2) skills;
9090 26 (3) training;
9191 27 (4) expertise;
9292 28 (5) education;
9393 29 (6) board certification; or
9494 30 (7) license.
9595 31 Sec. 4. As used in this chapter, "license" includes a license,
9696 32 certificate, registration, or permit, including:
9797 33 (1) an unlimited license, certificate, or registration;
9898 34 (2) a limited or probationary license, certificate, or
9999 35 registration;
100100 36 (3) a temporary license, certificate, registration, or permit;
101101 37 (4) an intern permit; or
102102 38 (5) a provisional license.
103103 39 Sec. 5. (a) As used in this chapter, except as provided in
104104 40 subsection (b), "practitioner" means an individual who holds a
105105 41 license issued by a board described in IC 25-0.5-11, including a
106106 42 certificate of registration issued under IC 25-20.
107107 2022 IN 1113—LS 6798/DI 77 3
108108 1 (b) The term does not include a veterinarian licensed under
109109 2 IC 25-38.1.
110110 3 Sec. 6. (a) As used in this chapter, "type of license" means the
111111 4 name or title of the profession of which a practitioner is a member,
112112 5 as displayed on the license issued to the practitioner by the board
113113 6 described in IC 25-0.5-11 that issued the practitioner's license.
114114 7 (b) The term includes any acronym or designation specifically
115115 8 allowed for use by individuals licensed by a board described in
116116 9 IC 25-0.5-11 under the governing statutes and rules.
117117 10 (c) The term does not include a reference to or an acronym
118118 11 solely associated with the educational degree or qualifications of an
119119 12 individual licensed by a board described in IC 25-0.5-11 unless the
120120 13 reference or acronym is otherwise allowed for use by individuals
121121 14 licensed by the board under the governing statutes and rules.
122122 15 Sec. 7. (a) An advertisement that includes a practitioner's name
123123 16 must prominently state the type of license held by the practitioner.
124124 17 (b) A written advertisement that includes a practitioner's name
125125 18 must prominently set forth the type of license held by the
126126 19 practitioner in a font size and style that makes the information
127127 20 readily apparent to the reader.
128128 21 (c) An advertisement must not include any deceptive or
129129 22 misleading information.
130130 23 (d) A practitioner who communicates or disseminates to the
131131 24 general public an advertisement that violates this section is subject
132132 25 to disciplinary sanctions under IC 25-1-9 by the board that issued
133133 26 the practitioner's license.
134134 27 SECTION 2. IC 25-1-10.5 IS ADDED TO THE INDIANA CODE
135135 28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
136136 29 JULY 1, 2022]:
137137 30 Chapter 10.5. Health Care Provider Identification Badges
138138 31 Sec. 1. As used in this chapter, "direct patient care" means
139139 32 health care that:
140140 33 (1) provides for the physical, diagnostic, emotional, or
141141 34 rehabilitation needs of a patient; or
142142 35 (2) involves:
143143 36 (A) the examination of a patient;
144144 37 (B) the treatment of a patient; or
145145 38 (C) the preparation of a patient for diagnostic tests or
146146 39 procedures.
147147 40 Sec. 2. (a) As used in this chapter, except as provided in
148148 41 subsection (b), "practitioner" means an individual who holds a
149149 42 license issued by a board described in IC 25-0.5-11, including a
150150 2022 IN 1113—LS 6798/DI 77 4
151151 1 certificate of registration issued under IC 25-20.
152152 2 (b) The term does not include a veterinarian licensed under
153153 3 IC 25-38.1.
154154 4 Sec. 3. As used in this chapter, "type of license" has the meaning
155155 5 set forth in IC 25-1-10.3-6.
156156 6 Sec. 4. (a) Except as provided in subsection (b), and subject to
157157 7 subsection (d), a practitioner who provides direct patient care
158158 8 shall, during each patient encounter, wear an identification badge
159159 9 that:
160160 10 (1) is of sufficient size and worn in such a manner as to be
161161 11 visible to the patient; and
162162 12 (2) clearly sets forth:
163163 13 (A) the practitioner's first and last name;
164164 14 (B) the type of license held by the practitioner; and
165165 15 (C) if applicable, the practitioner's status as a student,
166166 16 intern, trainee, or resident.
167167 17 (b) A practitioner is not required to wear an identification
168168 18 badge during a patient encounter:
169169 19 (1) if wearing an identification badge is not clinically feasible,
170170 20 such as when the practitioner is in:
171171 21 (A) an operating room;
172172 22 (B) an emergency or trauma setting;
173173 23 (C) a setting where surgical or invasive procedures are
174174 24 performed; or
175175 25 (D) a setting where maintaining a sterile environment is
176176 26 medically necessary;
177177 27 (2) when delivering direct patient care under circumstances
178178 28 in which the practitioner is concerned for the practitioner's
179179 29 own safety; or
180180 30 (3) if the practitioner is providing direct patient care in an
181181 31 office and:
182182 32 (A) the license type and name of each practitioner who
183183 33 works in the office is displayed on the office door in a
184184 34 manner that meets the requirements of subsection (a); or
185185 35 (B) the license of each health care provider working in the
186186 36 office is posted prominently in the office and readily visible
187187 37 to a patient.
188188 38 (c) A practitioner who violates this section is subject to
189189 39 disciplinary sanctions under IC 25-1-9 by the board that issued the
190190 40 practitioner's license.
191191 41 (d) A practitioner meets the requirements of this section if:
192192 42 (1) the practitioner's license type is displayed on a sticker or
193193 2022 IN 1113—LS 6798/DI 77 5
194194 1 other object separate from but affixed to the practitioner's
195195 2 identification badge; and
196196 3 (2) the practitioner's badge meets the other requirements
197197 4 under subsection (a)(1) and (a)(2).
198198 5 SECTION 3. IC 25-22.5-1-1.1, AS AMENDED BY P.L.28-2019,
199199 6 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
200200 7 JULY 1, 2022]: Sec. 1.1. As used in this article:
201201 8 (a) "Practice of medicine or osteopathic medicine" means any one
202202 9 (1) or a combination of the following:
203203 10 (1) Holding oneself out to the public as being engaged in:
204204 11 (A) the diagnosis, treatment, correction, or prevention of any
205205 12 disease, ailment, defect, injury, infirmity, deformity, pain, or
206206 13 other condition of human beings;
207207 14 (B) the suggestion, recommendation, or prescription or
208208 15 administration of any form of treatment, without limitation;
209209 16 (C) the performing of any kind of surgical operation upon a
210210 17 human being, including tattooing (except for providing a tattoo
211211 18 as defined in IC 35-45-21-4(a)), in which human tissue is cut,
212212 19 burned, or vaporized by the use of any mechanical means,
213213 20 laser, or ionizing radiation, or the penetration of the skin or
214214 21 body orifice by any means, for the intended palliation, relief,
215215 22 or cure; or
216216 23 (D) the prevention of any physical, mental, or functional
217217 24 ailment or defect of any person.
218218 25 (2) The maintenance of an office or a place of business for the
219219 26 reception, examination, or treatment of persons suffering from
220220 27 disease, ailment, defect, injury, infirmity, deformity, pain, or other
221221 28 conditions of body or mind.
222222 29 (3) Attaching the designation "doctor of medicine", "M.D.",
223223 30 "doctor of osteopathy", "D.O.", "osteopathic medical physician",
224224 31 "physician", "surgeon", or "physician and surgeon", to a name,
225225 32 either alone or in connection with other words, the designation
226226 33 or term:
227227 34 (A) "doctor of medicine";
228228 35 (B) "M.D.";
229229 36 (C) "doctor of osteopathy";
230230 37 (D) "D.O.";
231231 38 (E) "physician";
232232 39 (F) "osteopath";
233233 40 (G) "osteopathic medical physician";
234234 41 (H) "surgeon";
235235 42 (I) "physician and surgeon";
236236 2022 IN 1113—LS 6798/DI 77 6
237237 1 (J) "anesthesiologist";
238238 2 (K) "cardiologist";
239239 3 (L) "dermatologist";
240240 4 (M) "endocrinologist";
241241 5 (N) "gastroenterologist";
242242 6 (O) "general practitioner";
243243 7 (P) "gynecologist";
244244 8 (Q) "hematologist";
245245 9 (R) "internist";
246246 10 (S) "laryngologist";
247247 11 (T) "nephrologist";
248248 12 (U) "neurologist";
249249 13 (V) "obstetrician";
250250 14 (W) "oncologist";
251251 15 (X) "ophthalmologist";
252252 16 (Y) "orthopedic surgeon";
253253 17 (Z) "orthopedist";
254254 18 (AA) "otologist";
255255 19 (BB) "otolaryngologist";
256256 20 (CC) "otorhinolaryngologist";
257257 21 (DD) "pathologist";
258258 22 (EE) "pediatrician";
259259 23 (FF) "primary care physician";
260260 24 (GG) "proctologist";
261261 25 (HH) "psychiatrist";
262262 26 (II) "radiologist";
263263 27 (JJ) "rheumatologist";
264264 28 (KK) "rhinologist";
265265 29 (LL) "urologist"; or
266266 30 (MM) any similar title or description of services;
267267 31 or any other words or abbreviations to a name, indicating or
268268 32 inducing others to believe that the named person is engaged in
269269 33 the practice of medicine or osteopathic medicine. (as defined in
270270 34 this section).
271271 35 (4) Providing diagnostic or treatment services to a person in
272272 36 Indiana when the diagnostic or treatment services:
273273 37 (A) are transmitted through electronic communications; and
274274 38 (B) are on a regular, routine, and nonepisodic basis or under
275275 39 an oral or written agreement to regularly provide medical
276276 40 services.
277277 41 In addition to the exceptions described in section 2 of this chapter,
278278 42 a nonresident physician who is located outside Indiana does not
279279 2022 IN 1113—LS 6798/DI 77 7
280280 1 practice medicine or osteopathy in Indiana by providing a second
281281 2 opinion to a licensee or diagnostic or treatment services to a
282282 3 patient in Indiana following medical care originally provided to
283283 4 the patient while outside Indiana.
284284 5 (b) "Board" refers to the medical licensing board of Indiana.
285285 6 (c) "Diagnose or diagnosis" means to examine a patient, parts of a
286286 7 patient's body, substances taken or removed from a patient's body, or
287287 8 materials produced by a patient's body to determine the source or
288288 9 nature of a disease or other physical or mental condition, or to hold
289289 10 oneself out or represent that a person is a physician and is so examining
290290 11 a patient. It is not necessary that the examination be made in the
291291 12 presence of the patient; it may be made on information supplied either
292292 13 directly or indirectly by the patient.
293293 14 (d) "Drug or medicine" means any medicine, compound, or
294294 15 chemical or biological preparation intended for internal or external use
295295 16 of humans, and all substances intended to be used for the diagnosis,
296296 17 cure, mitigation, or prevention of diseases or abnormalities of humans,
297297 18 which are recognized in the latest editions published of the United
298298 19 States Pharmacopoeia or National Formulary, or otherwise established
299299 20 as a drug or medicine.
300300 21 (e) "Licensee" means any individual holding a valid unlimited
301301 22 license issued by the board under this article.
302302 23 (f) "Prescribe or prescription" means to direct, order, or designate
303303 24 the use of or manner of using a drug, medicine, or treatment, by spoken
304304 25 or written words or other means and in accordance with IC 25-1-9.3.
305305 26 (g) "Physician" means any person who holds the degree of doctor of
306306 27 medicine or doctor of osteopathy or its equivalent and who holds a
307307 28 valid unlimited license to practice medicine or osteopathic medicine in
308308 29 Indiana.
309309 30 (h) "Medical school" means a nationally accredited college of
310310 31 medicine or of osteopathic medicine approved by the board.
311311 32 (i) "Physician assistant" means an individual who:
312312 33 (1) is supervised by a physician;
313313 34 (2) graduated from an approved physician assistant program
314314 35 described in IC 25-27.5-2-2;
315315 36 (3) passed the examination administered by the National
316316 37 Commission on Certification of Physician Assistants (NCCPA)
317317 38 and maintains certification; and
318318 39 (4) has been licensed by the physician assistant committee under
319319 40 IC 25-27.5.
320320 41 (j) "Agency" refers to the Indiana professional licensing agency
321321 42 under IC 25-1-5.
322322 2022 IN 1113—LS 6798/DI 77 8
323323 1 (k) "INSPECT program" means the Indiana scheduled prescription
324324 2 electronic collection and tracking program established by IC 25-1-13-4.
325325 2022 IN 1113—LS 6798/DI 77