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: Mar 9, 2022
BILL NUMBER: SB 239 BILL AMENDED: Mar 8, 2022
SUBJECT: Practitioner Advertising.
FIRST AUTHOR: Sen. Boehnlein BILL STATUS: Enrolled
FIRST SPONSOR: Rep. Zent
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Practitioner Identification and Advertising– The bill 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. It establishes certain exceptions.
Unlawful Practice of Medicine– The bill 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 additional terms or other specified words that identify a member of a
medical specialty. The bill establishes certain exceptions.
Use of Abbreviations to Indicate Practice of Medicine or Osteopathic Medicine– The bill specifies that the
exclusions to the practice of medicine and osteopathic medicine do not allow 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.
Effective Date: July 1, 2022.
Explanation of State Expenditures: Practitioner Identification and Advertising– 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 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
SB 239 1 implemented with no additional appropriations.
Unlawful Practice of Medicine– A violation of this provision would trigger an existing Level 5 felony for
unlawful practice of medicine or osteopathic medicine. A Level 5 felony is punishable by a prison term
ranging from 1 to 6 years, with an advisory sentence of 3 years. The sentence depends on mitigating and
aggravating circumstances. Assuming offenders can be housed in existing facilities with no additional staff,
the marginal cost for medical care, food, and clothing is approximately $4,333 annually, or $11.87 daily, per
prisoner. However, any additional expenditures are likely to be small.
Explanation of State Revenues: Practitioner Identification and Advertising– 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.
Unlawful Practice of Medicine– If additional court cases occur and fines are collected, revenue to both the
Common School Fund (from criminal fines) and the state General Fund (from court fees) would increase.
The maximum fine for a Level 5 felony is $10,000. However, any additional revenues would likely be small.
Explanation of Local Expenditures: Unlawful Practice of Medicine– If more defendants are detained in
county jails prior to their court hearings, local expenditures for jail operations may increase. However, any
additional expenditures would likely be small.
Explanation of Local Revenues: Unlawful Practice of Medicine– If additional court actions occur and a
guilty verdict is entered, local governments would receive revenue from court fees. However, the amounts
would likely be small.
State Agencies Affected: Professional Licensing Agency; Department of Correction.
Local Agencies Affected: Local law enforcement, trial courts.
Information Sources: IC 25-1-9-9; Legislative Services Agency, Indiana Handbook of Taxes, Revenues,
and Appropriations, FY 2021.
Fiscal Analyst: Chris Baker, 317-232-9851.
SB 239 2