Second Regular Session of the 122nd General Assembly (2022)
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 239
AN ACT to amend the Indiana Code concerning professions and
occupations.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 25-1-10.3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 10.3. Health Care Provider Advertising
Sec. 1. This chapter does not apply to an advertisement
communicated or disseminated before January 1, 2023. 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.
Sec. 2. (a) As used in this chapter, "advertisement" means any
printed, electronic, or oral statement:
(1) that is communicated or disseminated to the general
public;
(2) that:
(A) is intended to encourage a person to use a
practitioner's professional services; or
(B) for commercial purposes, names a practitioner in
connection with the practice, profession, or institution in
which the practitioner is employed, volunteers, or provides
health care services; and
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(3) that the practitioner or the practitioner's group practice
has control over the preparation, communication, or
dissemination of the statement.
(b) The term includes the communication or dissemination as
described in subsection (a) of any other communication or
statement used in the course of business for the purpose of
promoting a practitioner's services offered to the public.
(c) The term does not include the following:
(1) Office building placards.
(2) Exterior building signage that was in place before January
1, 2023.
Sec. 3. As used in this chapter, "deceptive or misleading
information" means any information that misrepresents or falsely
describes a practitioner's:
(1) profession;
(2) skills;
(3) training;
(4) expertise;
(5) educational degree;
(6) board certification; or
(7) license.
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.
Sec. 5. (a) As used in this chapter, except as provided in
subsection (b), "practitioner" means an individual who holds a
license issued by a board described in IC 25-0.5-11, including a
certificate of registration issued under IC 25-20.
(b) The term does not include a veterinarian licensed under
IC 25-38.1.
Sec. 6. As used in this chapter, "profession" means the name or
title of the profession of which a practitioner is a member, as
specifically allowed for use by individuals who hold a license,
license by endorsement, 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.
Sec. 7. (a) An advertisement that includes a practitioner's name
must prominently state the profession or license held by the
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practitioner.
(b) A written advertisement that includes a practitioner's name
must prominently set forth the profession or license held by the
practitioner in a font size and style that makes the information
readily apparent to the reader.
(c) An advertisement must not include any deceptive or
misleading information.
(d) Subject to subsection (e), a practitioner who communicates
or disseminates to the general public an advertisement that violates
this section is subject to disciplinary sanctions under IC 25-1-9 by
the board that issued the practitioner's license.
(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).
SECTION 2. IC 25-22.5-1-1.1, AS AMENDED BY P.L.28-2019,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1.1. As used in this article:
(a) "Practice of medicine or osteopathic medicine" means any one
(1) or a combination of the following:
(1) Holding oneself out to the public as being engaged in:
(A) the diagnosis, treatment, correction, or prevention of any
disease, ailment, defect, injury, infirmity, deformity, pain, or
other condition of human beings;
(B) the suggestion, recommendation, or prescription or
administration of any form of treatment, without limitation;
(C) the performing of any kind of surgical operation upon a
human being, including tattooing (except for providing a tattoo
as defined in IC 35-45-21-4(a)), in which human tissue is cut,
burned, or vaporized by the use of any mechanical means,
laser, or ionizing radiation, or the penetration of the skin or
body orifice by any means, for the intended palliation, relief,
or cure; or
(D) the prevention of any physical, mental, or functional
ailment or defect of any person.
(2) The maintenance of an office or a place of business for the
reception, examination, or treatment of persons suffering from
disease, ailment, defect, injury, infirmity, deformity, pain, or other
conditions of body or mind.
(3) Attaching the designation "doctor of medicine", "M.D.",
"doctor of osteopathy", "D.O.", "osteopathic medical physician",
"physician", "surgeon", or "physician and surgeon", to a name,
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either alone or in connection with other words, the designation
or term:
(A) "doctor of medicine";
(B) "M.D.";
(C) "doctor of osteopathy";
(D) "D.O.";
(E) "physician";
(F) "osteopath";
(G) "osteopathic medical physician";
(H) "surgeon";
(I) "physician and surgeon";
(J) "anesthesiologist";
(K) "cardiologist";
(L) "dermatologist";
(M) "endocrinologist";
(N) "gastroenterologist";
(O) "gynecologist";
(P) "hematologist";
(Q) "internist";
(R) "laryngologist";
(S) "nephrologist";
(T) "neurologist";
(U) "obstetrician";
(V) "oncologist";
(W) "ophthalmologist";
(X) "orthopedic surgeon";
(Y) "orthopedist";
(Z) "otologist";
(AA) "otolaryngologist";
(BB) "otorhinolaryngologist";
(CC) "pathologist";
(DD) "pediatrician";
(EE) "primary care physician";
(FF) "proctologist";
(GG) "psychiatrist";
(HH) "radiologist";
(II) "rheumatologist";
(JJ) "rhinologist";
(KK) "urologist";
(LL) "medical doctor";
(MM) "family practice physician"; or
(NN) "physiatrist".
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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]".
(4) Nothing in subdivision (3) prevents the following:
(A) A practitioner from using the name or title of the
practitioner's profession that is allowed under the
practitioner's practice act or under a law in the Indiana
Code.
(B) A practitioner who is a chiropractor (as defined in
IC 25-10-1-1) and who has attained diplomate status in a
chiropractic specialty area recognized by the American
Chiropractic Association, International Chiropractic
Association, or International Academy of Clinical
Neurology before July 1, 2025, from using a designation or
term included in subdivision (3) in conjunction with the
name or title of the practitioner's profession.
(C) A practitioner who is a dentist licensed under
IC 25-14-1 and who has completed a dental anesthesiology
residency recognized by the American Dental Board of
Anesthesiology before July 1, 2025, from using a
designation or term included in subdivision (3) in
conjunction with the name or title of the practitioner's
profession.
or any other words or abbreviations to a name, indicating or
inducing others to believe that the person is engaged in the
practice of medicine or osteopathic medicine (as defined in this
section).
(4) (5) Providing diagnostic or treatment services to a person in
Indiana when the diagnostic or treatment services:
(A) are transmitted through electronic communications; and
(B) are on a regular, routine, and nonepisodic basis or under
an oral or written agreement to regularly provide medical
services.
In addition to the exceptions described in section 2 of this chapter,
a nonresident physician who is located outside Indiana does not
practice medicine or osteopathy in Indiana by providing a second
opinion to a licensee or diagnostic or treatment services to a
patient in Indiana following medical care originally provided to
the patient while outside Indiana.
(b) "Board" refers to the medical licensing board of Indiana.
(c) "Diagnose or diagnosis" means to examine a patient, parts of a
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patient's body, substances taken or removed from a patient's body, or
materials produced by a patient's body to determine the source or
nature of a disease or other physical or mental condition, or to hold
oneself out or represent that a person is a physician and is so examining
a patient. It is not necessary that the examination be made in the
presence of the patient; it may be made on information supplied either
directly or indirectly by the patient.
(d) "Drug or medicine" means any medicine, compound, or
chemical or biological preparation intended for internal or external use
of humans, and all substances intended to be used for the diagnosis,
cure, mitigation, or prevention of diseases or abnormalities of humans,
which are recognized in the latest editions published of the United
States Pharmacopoeia or National Formulary, or otherwise established
as a drug or medicine.
(e) "Licensee" means any individual holding a valid unlimited
license issued by the board under this article.
(f) "Prescribe or prescription" means to direct, order, or designate
the use of or manner of using a drug, medicine, or treatment, by spoken
or written words or other means and in accordance with IC 25-1-9.3.
(g) "Physician" means any person who holds the degree of doctor of
medicine or doctor of osteopathy or its equivalent and who holds a
valid unlimited license to practice medicine or osteopathic medicine in
Indiana.
(h) "Medical school" means a nationally accredited college of
medicine or of osteopathic medicine approved by the board.
(i) "Physician assistant" means an individual who:
(1) is supervised by has a collaborative agreement with a
physician;
(2) graduated from an approved physician assistant program
described in IC 25-27.5-2-2;
(3) passed the examination administered by the National
Commission on Certification of Physician Assistants (NCCPA)
and maintains certification; and
(4) has been licensed by the physician assistant committee under
IC 25-27.5.
(j) "Agency" refers to the Indiana professional licensing agency
under IC 25-1-5.
(k) "INSPECT program" means the Indiana scheduled prescription
electronic collection and tracking program established by IC 25-1-13-4.
SECTION 3. IC 25-22.5-1-2, AS AMENDED BY P.L.180-2018,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. (a) This article, as it relates to the unlawful or
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unauthorized practice of medicine or osteopathic medicine, does not
apply to any of the following:
(1) A student in training in a medical school approved by the
board, or while performing duties as an intern or a resident in a
hospital under the supervision of the hospital's staff or in a
program approved by the medical school.
(2) A person who renders service in case of emergency where no
fee or other consideration is contemplated, charged, or received.
(3) A paramedic (as defined in IC 16-18-2-266), an advanced
emergency medical technician (as defined in IC 16-18-2-6.5), an
emergency medical technician (as defined in IC 16-18-2-112), or
a person with equivalent certification from another state who
renders advanced life support (as defined in IC 16-18-2-7), or
basic life support (as defined in IC 16-18-2-33.5):
(A) during a disaster emergency declared by the governor
under IC 10-14-3-12 in response to an act that the governor in
good faith believes to be an act of terrorism (as defined in
IC 35-31.5-2-329); and
(B) in accordance with the rules adopted by the Indiana
emergency medical services commission or the disaster
emergency declaration of the governor.
(4) Commissioned medical officers or medical service officers of
the armed forces of the United States, the United States Public
Health Service, and medical officers of the United States
Department of Veterans Affairs in the discharge of their official
duties in Indiana.
(5) An individual who is not a licensee who resides in another
state or country and is authorized to practice medicine or
osteopathic medicine there, who is called in for consultation by an
individual licensed to practice medicine or osteopathic medicine
in Indiana.
(6) A person administering a domestic or family remedy to a
member of the person's family.
(7) A member of a church practicing the religious tenets of the
church if the member does not make a medical diagnosis,
prescribe or administer drugs or medicines, perform surgical or
physical operations, or assume the title of or profess to be a
physician.
(8) A school corporation and a school employee who acts under
IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
(9) A chiropractor practicing the chiropractor's profession under
IC 25-10 or to an employee of a chiropractor acting under the
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direction and supervision of the chiropractor under IC 25-10-1-13.
(10) A dental hygienist practicing the dental hygienist's profession
under IC 25-13.
(11) A dentist practicing the dentist's profession under IC 25-14.
(12) A hearing aid dealer practicing the hearing aid dealer's
profession under IC 25-20.
(13) A nurse practicing the nurse's profession under IC 25-23.
However, a certified registered nurse anesthetist (as defined in
IC 25-23-1-1.4) may administer anesthesia if the certified
registered nurse anesthetist acts under the direction of and in the
immediate presence of a physician.
(14) An optometrist practicing the optometrist's profession under
IC 25-24.
(15) A pharmacist practicing the pharmacist's profession under
IC 25-26.
(16) A physical therapist practicing the physical therapist's
profession under IC 25-27.
(17) A podiatrist practicing the podiatrist's profession under
IC 25-29.
(18) A psychologist practicing the psychologist's profession under
IC 25-33.
(19) A speech-language pathologist or audiologist practicing the
pathologist's or audiologist's profession under IC 25-35.6.
(20) An employee of a physician or group of physicians who
performs an act, a duty, or a function that is customarily within
the specific area of practice of the employing physician or group
of physicians, if the act, duty, or function is performed under the
direction and supervision of the employing physician or a
physician of the employing group within whose area of practice
the act, duty, or function falls. An employee may not make a
diagnosis or prescribe a treatment and must report the results of
an examination of a patient conducted by the employee to the
employing physician or the physician of the employing group
under whose supervision the employee is working. An employee
may not administer medication without the specific order of the
employing physician or a physician of the employing group.
Unless an employee is licensed or registered to independently
practice in a profession described in subdivisions (9) through
(18), nothing in this subsection grants the employee independent
practitioner status or the authority to perform patient services in
an independent practice in a profession.
(21) A hospital licensed under IC 16-21 or IC 12-25.
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(22) A health care organization whose members, shareholders, or
partners are individuals, partnerships, corporations, facilities, or
institutions licensed or legally authorized by this state to provide
health care or professional services as:
(A) a physician;
(B) a psychiatric hospital;
(C) a hospital;
(D) a health maintenance organization or limited service
health maintenance organization;
(E) a health facility;
(F) a dentist;
(G) a registered or licensed practical nurse;
(H) a certified nurse midwife or a certified direct entry
midwife;
(I) an optometrist;
(J) a podiatrist;
(K) a chiropractor;
(L) a physical therapist; or
(M) a psychologist.
(23) A physician assistant practicing the physician assistant
profession under IC 25-27.5.
(24) A physician providing medical treatment under section 2.1
of this chapter.
(25) An attendant who provides attendant care services (as
defined in IC 16-18-2-28.5).
(26) A personal services attendant providing authorized attendant
care services under IC 12-10-17.1.
(27) A respiratory care practitioner practicing the practitioner's
profession under IC 25-34.5.
(b) A person described in subsection (a)(9) through (a)(18) is not
excluded from the application of this article if:
(1) the person performs an act that an Indiana statute does not
authorize the person to perform; and
(2) the act qualifies in whole or in part as the practice of medicine
or osteopathic medicine.
(c) An employment or other contractual relationship between an
entity described in subsection (a)(21) through (a)(22) and a licensed
physician does not constitute the unlawful practice of medicine or
osteopathic medicine under this article if the entity does not direct or
control independent medical acts, decisions, or judgment of the
licensed physician. However, if the direction or control is done by the
entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity
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is excluded from the application of this article as it relates to the
unlawful practice of medicine or osteopathic medicine.
(d) This subsection does not apply to a prescription or drug order for
a legend drug that is filled or refilled in a pharmacy owned or operated
by a hospital licensed under IC 16-21. A physician licensed in Indiana
who permits or authorizes a person to fill or refill a prescription or drug
order for a legend drug except as authorized in IC 16-42-19-11 through
IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
person who violates this subsection commits the unlawful practice of
medicine or osteopathic medicine under this chapter.
(e) A person described in subsection (a)(8) shall not be authorized
to dispense contraceptives or birth control devices.
(f) Nothing in this section allows a person to use words or
abbreviations that indicate or induce an individual to believe that
the person is engaged in the practice of medicine or osteopathic
medicine.
SEA 239 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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