LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6908 NOTE PREPARED: Dec 29, 2021
BILL NUMBER: SB 239 BILL AMENDED:
SUBJECT: Practitioner Identification and Advertising.
FIRST AUTHOR: Sen. Boehnlein BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State
DEDICATED
FEDERAL
Summary of Legislation: This bill 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.
The bill establishes certain exceptions. It 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 Date: July 1, 2021.
Explanation of State Expenditures: A violation of the bill’s requirements would be subject to
administrative orders and procedures by the board or commission within the Professional Licensing Agency
(PLA) that governs the violating practitioner’s profession. The nature of the violation and the corrective
SB 239 1 actions of the practitioner will determine the cost to PLA. Additionally, PLA would likely need to notify
license holders of the requirements established by the bill and post updates to the PLA website. These actions
are within the PLA’s routine administrative functions and should be able to be implemented with no
additional appropriations.
Explanation of State Revenues: If a violation occurs, the PLA may take an action that could impact state
revenue. If the violator has a license denied or revoked, fee revenue would decrease to the General Fund.
Health care practitioner license fees range between $40 and $200 biennially. The PLA may also impose a
fine of up to $1,000, which would be deposited in the General Fund.
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: Professional Licensing Agency.
Local Agencies Affected:
Information Sources: IC 25-1-9-9; Legislative Services Agency, Indiana Handbook of Taxes, Revenues,
and Appropriations, FY 2021.
Fiscal Analyst: Adam White, 317-234-1360.
SB 239 2