*ES0239.2*
Reprinted
February 24, 2022
ENGROSSED
SENATE BILL No. 239
_____
DIGEST OF SB 239 (Updated February 23, 2022 3:03 pm - DI 141)
Citations Affected: IC 25-1; IC 25-23.6.
Synopsis: Practitioner advertising and education. Provides that,
beginning January 1, 2023, certain practitioners are subject to
disciplinary sanctions if the practitioner communicates or disseminates
to the general public an advertisement that includes deceptive or
misleading information or does not prominently state the profession or
license held by the practitioner. Establishes certain exceptions.
Decreases the number of experiential practice hours required to obtain
a license as a marriage and family therapist or a therapist associate.
Specifies that the hours must be completed during at least 12 months.
Effective: July 1, 2022.
Boehnlein, Brown L, Melton,
Leising, Becker, Yoder, Ford J.D.,
Randolph Lonnie M, Pol Jr.
(HOUSE SPONSORS — ZENT, JORDAN, BARRETT)
January 10, 2022, read first time and referred to Committee on Health and Provider
Services.
January 27, 2022, amended, reported favorably — Do Pass.
January 31, 2022, read second time, amended, ordered engrossed.
February 1, 2022, engrossed. Read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 7, 2022, read first time and referred to Committee on Public Health.
February 17, 2022, amended, reported — Do Pass.
February 23, 2022, read second time, amended, ordered engrossed.
ES 239—LS 6908/DI 77 Reprinted
February 24, 2022
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.
ENGROSSED
SENATE BILL No. 239
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. However,
7 an advertisement that was prepared or created before January 1,
8 2023, may not be disseminated after December 31, 2022, unless the
9 advertisement complies with the requirements set forth in section
10 7 of this chapter.
11 Sec. 2. (a) As used in this chapter, "advertisement" means any
12 printed, electronic, or oral statement:
13 (1) that is communicated or disseminated to the general
14 public;
15 (2) that:
16 (A) is intended to encourage a person to use a
17 practitioner's professional services; or
ES 239—LS 6908/DI 77 2
1 (B) for commercial purposes, names a practitioner in
2 connection with the practice, profession, or institution in
3 which the practitioner is employed, volunteers, or provides
4 health care services; and
5 (3) that the practitioner or the practitioner's group practice
6 has control over the preparation, communication, or
7 dissemination of the statement.
8 (b) The term includes the communication or dissemination as
9 described in subsection (a) of any other communication or
10 statement used in the course of business for the purpose of
11 promoting a practitioner's services offered to the public.
12 (c) The term does not include the following:
13 (1) Office building placards.
14 (2) Exterior building signage that was in place before January
15 1, 2023.
16 Sec. 3. As used in this chapter, "deceptive or misleading
17 information" means any information that misrepresents or falsely
18 describes a practitioner's:
19 (1) profession;
20 (2) skills;
21 (3) training;
22 (4) expertise;
23 (5) educational degree;
24 (6) board certification; or
25 (7) license.
26 Sec. 3.5. As used in this chapter, "educational degree" means
27 the degree awarded to the practitioner by a college or university in
28 the practitioner's profession, which may be used under the scope
29 of the practitioner's license, including use of its acronym.
30 Sec. 4. As used in this chapter, "license" has the meaning set
31 forth in IC 25-1-2-6.
32 Sec. 5. (a) As used in this chapter, except as provided in
33 subsection (b), "practitioner" means an individual who holds a
34 license issued by a board described in IC 25-0.5-11, including a
35 certificate of registration issued under IC 25-20.
36 (b) The term does not include a veterinarian licensed under
37 IC 25-38.1.
38 Sec. 6. As used in this chapter, "profession" means the name or
39 title of the profession of which a practitioner is a member, as
40 specifically allowed for use by individuals who hold a license,
41 license by endorsement, certificate, or registration from a board
42 described in IC 25-0.5-11 under the board's governing statute or
ES 239—LS 6908/DI 77 3
1 rules. The term does not include the license or educational degree
2 of a practitioner.
3 Sec. 7. (a) An advertisement that includes a practitioner's name
4 must prominently state the profession or license held by the
5 practitioner.
6 (b) A written advertisement that includes a practitioner's name
7 must prominently set forth the profession or license held by the
8 practitioner in a font size and style that makes the information
9 readily apparent to the reader.
10 (c) An advertisement must not include any deceptive or
11 misleading information.
12 (d) Subject to subsection (e), a practitioner who communicates
13 or disseminates to the general public an advertisement that violates
14 this section is subject to disciplinary sanctions under IC 25-1-9 by
15 the board that issued the practitioner's license.
16 (e) Nothing in this section prevents an advertisement using the
17 practitioner's title or designation associated with the practitioner's
18 educational degree if the advertisement meets the requirements of
19 subsection (a).
20 SECTION 2. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
23 and family therapist under section 1 of this chapter or an applicant for
24 a license as a marriage and family therapist associate under section 1.5
25 of this chapter must complete the following educational requirements:
26 (1) Except as provided in subsection (b), complete twenty-seven
27 (27) semester hours or forty-one (41) quarter hours of graduate
28 course work that must include graduate level course credits with
29 material in at least the following content areas:
30 (A) Theoretical foundations of marriage and family therapy.
31 (B) Major models of marriage and family therapy.
32 (C) Individual development.
33 (D) Family development and family relationships.
34 (E) Clinical problems.
35 (F) Collaboration with other disciplines.
36 (G) Sexuality.
37 (H) Gender and sexual orientation.
38 (I) Issues of ethnicity, race, socioeconomic status, and culture.
39 (J) Therapy techniques.
40 (K) Behavioral research that focuses on the interpretation and
41 application of research data as it applies to clinical practice.
42 The content areas may be combined into any one (1) graduate
ES 239—LS 6908/DI 77 4
1 level course, if the applicant can prove that the course work was
2 devoted to each content area.
3 (2) Not less than one (1) graduate level course of two (2) semester
4 hours or three (3) quarter hours in the following areas:
5 (A) Legal, ethical, and professional standards issues in the
6 practice of marriage and family therapy or an equivalent
7 course approved by the board.
8 (B) Appraisal and assessment for individual or interpersonal
9 disorder or dysfunction.
10 (3) At least one (1) supervised clinical practicum, internship, or
11 field experience in a marriage and family counseling setting that
12 meets the following requirements:
13 (A) The applicant provided, five hundred (500) hours of
14 marriage and family therapy services, including at least four
15 during at least twelve (12) months of clinical practice, at
16 least three hundred (400) (300) face to face client contact
17 hours, of which at least two one hundred (200) (100) hours
18 must be relational, under the supervision of a licensed
19 marriage and family therapist who has at least five (5) years of
20 experience or a qualified supervisor approved by the board.
21 (B) The applicant received one hundred (100) hours of
22 supervision from a licensed marriage and family therapist who
23 has at least five (5) years experience as a qualified supervisor.
24 The requirements under clauses (A) and (B) may be met by a
25 supervised practice experience that took place away from an
26 institution of higher education but that is certified by an official
27 of the eligible postsecondary educational institution as being
28 equivalent to a graduate level practicum or internship program at
29 an institution accredited by an accrediting agency approved by the
30 United States Department of Education Commission on
31 Recognition of Postsecondary Education, the Association of
32 Universities and Colleges of Canada, or the Commission on
33 Accreditation for Marriage and Family Therapy Education.
34 (b) The following graduate work may not be used to satisfy the
35 content area requirements under subsection (a):
36 (1) Thesis or dissertation work.
37 (2) Practicums, internships, or fieldwork.
ES 239—LS 6908/DI 77 5
COMMITTEE REPORT
Madam President: The Senate Committee on Health and Provider
Services, to which was referred Senate Bill No. 239, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 6, after "." insert "However, an advertisement that
was prepared or created before January 1, 2023, may not be
disseminated after December 31, 2022, unless the advertisement
complies with the requirements set forth in section 7 of this
chapter.".
Page 2, between lines 14 and 15, begin a new line block indented
and insert:
"(13) A newspaper or magazine.".
Page 2, line 15, delete "(13)" and insert "(14)".
Page 2, line 20, delete "signage." and insert "signage that was in
place before January 1, 2023.".
Page 3, delete lines 7 through 9.
Page 3, line 10, delete "(c)" and insert "(b)".
Page 3, delete lines 27 through 42.
Delete page 4.
Page 5, delete lines 1 through 4.
Page 6, delete line 6.
Page 6, line 7, delete "(P)" and insert "(O)".
Page 6, line 8, delete "(Q)" and insert "(P)".
Page 6, line 9, delete "(R)" and insert "(Q)".
Page 6, line 10, delete "(S)" and insert "(R)".
Page 6, line 11, delete "(T)" and insert "(S)".
Page 6, line 12, delete "(U)" and insert "(T)".
Page 6, line 13, delete "(V)" and insert "(U)".
Page 6, line 14, delete "(W)" and insert "(V)".
Page 6, line 15, delete "(X)" and insert "(W)".
Page 6, line 16, delete "(Y)" and insert "(X)".
Page 6, line 17, delete "(Z)" and insert "(Y)".
Page 6, line 18, delete "(AA)" and insert "(Z)".
Page 6, line 19, delete "(BB)" and insert "(AA)".
Page 6, line 20, delete "(CC)" and insert "(BB)".
Page 6, line 21, delete "(DD)" and insert "(CC)".
Page 6, line 22, delete "(EE)" and insert "(DD)".
Page 6, line 23, delete "(FF)" and insert "(EE)".
Page 6, line 24, delete "(GG)" and insert "(FF)".
ES 239—LS 6908/DI 77 6
Page 6, line 25, delete "(HH)" and insert "(GG)".
Page 6, line 26, delete "(II)" and insert "(HH)".
Page 6, line 27, delete "(JJ)" and insert "(II)".
Page 6, line 28, delete "(KK)" and insert "(JJ)".
Page 6, line 29, delete "(LL)" and insert "(KK)".
Page 6, line 29, delete "or".
Page 6, delete line 30, begin a new line double block indented and
insert:
"(LL) "medical doctor";
(MM) "family practice physician"; or
(NN) "physiatrist".
This subdivision does not prevent a practitioner from using
the name or title of the practitioner's profession that is
allowed under the practitioner's practice act.".
Page 6, strike line 31.
Page 6, line 32, strike "inducing others to believe that the".
Page 6, line 32, delete "named".
Page 6, line 32, strike "person is engaged in"
Page 6, strike line 33.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 239 as introduced.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 9, Nays 1.
_____
SENATE MOTION
Madam President: I move that Senate Bill 239 be amended to read
as follows:
Page 1, line 14, delete "and".
Page 2, line 4, delete "services." and insert "services; and
(3) that the practitioner or the practitioner's group practice
has control over the preparation, communication, or
dissemination of the statement.".
Page 2, line 6, delete "of the following:".
Page 2, delete lines 7 through 19.
Page 2, line 20, delete "(14) Any".
Page 2, run in lines 6 through 20.
ES 239—LS 6908/DI 77 7
Page 2, line 21, after "promoting" insert "a practitioner's".
Page 2, line 34, delete "education;" and insert "educational
degree;".
Page 2, delete lines 37 through 42, begin a new paragraph and
insert:
"Sec. 3.5. As used in this chapter, "educational degree" means
the degree awarded to the practitioner by a college or university in
the practitioner's profession, which may be used under the scope
of the practitioner's license, including use of its acronym.
Sec. 4. As used in this chapter, "license" has the meaning set
forth in IC 25-1-2-6.".
Page 3, delete lines 1 through 2.
Page 3, delete lines 9 through 17, begin a new paragraph and insert:
"Sec. 6. As used in this chapter, "profession" means the name or
title of the profession of which a practitioner is a member,
including any term specifically allowed for use by individuals who
hold a license, certificate, or registration from a board described
in IC 25-0.5-11 under the board's governing statute or rules. The
term does not include the license or educational degree of a
practitioner.".
Page 3, line 19, delete "type of " and insert "profession or".
Page 3, line 21, delete "type of" and insert "profession or".
Page 3, line 26, delete "A" and insert "Subject to subsection (e), a".
Page 3, between lines 29 and 30, begin a new paragraph and insert:
"(e) Nothing in this section prevents an advertisement using the
practitioner's title or designation associated with the practitioner's
educational degree if the advertisement meets the requirements of
subsection (a).".
Page 5, line 17, delete "act." and insert "act or under a law in the
Indiana Code. This subdivision does not apply to a practitioner if
the practitioner has a special area of practice and the practitioner
uses the following format: "[The name or title of the practitioner's
profession] specializing in [name of specialty]".".
Page 6, line 20, strike "is supervised by" and insert "has a
collaborative agreement with".
(Reference is to SB 239 as printed January 28, 2022.)
BOEHNLEIN
ES 239—LS 6908/DI 77 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred Senate Bill 239, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 3, delete lines 20 through 42, begin a new paragraph and
insert:
"SECTION 3. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
and family therapist under section 1 of this chapter or an applicant for
a license as a marriage and family therapist associate under section 1.5
of this chapter must complete the following educational requirements:
(1) Except as provided in subsection (b), complete twenty-seven
(27) semester hours or forty-one (41) quarter hours of graduate
course work that must include graduate level course credits with
material in at least the following content areas:
(A) Theoretical foundations of marriage and family therapy.
(B) Major models of marriage and family therapy.
(C) Individual development.
(D) Family development and family relationships.
(E) Clinical problems.
(F) Collaboration with other disciplines.
(G) Sexuality.
(H) Gender and sexual orientation.
(I) Issues of ethnicity, race, socioeconomic status, and culture.
(J) Therapy techniques.
(K) Behavioral research that focuses on the interpretation and
application of research data as it applies to clinical practice.
The content areas may be combined into any one (1) graduate
level course, if the applicant can prove that the course work was
devoted to each content area.
(2) Not less than one (1) graduate level course of two (2) semester
hours or three (3) quarter hours in the following areas:
(A) Legal, ethical, and professional standards issues in the
practice of marriage and family therapy or an equivalent
course approved by the board.
(B) Appraisal and assessment for individual or interpersonal
disorder or dysfunction.
(3) At least one (1) supervised clinical practicum, internship, or
field experience in a marriage and family counseling setting that
ES 239—LS 6908/DI 77 9
meets the following requirements:
(A) The applicant provided, five hundred (500) hours of
marriage and family therapy services, including at least four
during at least twelve (12) months of clinical practice, at
least three hundred (400) (300) face to face client contact
hours, of which at least two one hundred (200) (100) hours
must be relational, under the supervision of a licensed
marriage and family therapist who has at least five (5) years of
experience or a qualified supervisor approved by the board.
(B) The applicant received one hundred (100) hours of
supervision from a licensed marriage and family therapist who
has at least five (5) years experience as a qualified supervisor.
The requirements under clauses (A) and (B) may be met by a
supervised practice experience that took place away from an
institution of higher education but that is certified by an official
of the eligible postsecondary educational institution as being
equivalent to a graduate level practicum or internship program at
an institution accredited by an accrediting agency approved by the
United States Department of Education Commission on
Recognition of Postsecondary Education, the Association of
Universities and Colleges of Canada, or the Commission on
Accreditation for Marriage and Family Therapy Education.
(b) The following graduate work may not be used to satisfy the
content area requirements under subsection (a):
(1) Thesis or dissertation work.
(2) Practicums, internships, or fieldwork.".
Delete pages 4 through 6.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 239 as reprinted February 1, 2022.)
BARRETT
Committee Vote: yeas 9, nays 0.
ES 239—LS 6908/DI 77 10
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 239 be amended to
read as follows:
Page 2, line 40, delete "including any term" and insert "as".
Page 2, line 41, after "license," insert "license by endorsement,".
(Reference is to ESB 239 as printed February 17, 2022.)
ZENT
ES 239—LS 6908/DI 77