Indiana 2022 Regular Session

Indiana Senate Bill SB0239 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0239.2
	2	+	Reprinted
	3	+	February 24, 2022
	4	+	ENGROSSED
	5	+	SENATE BILL No. 239
	6	+	_____
	7	+	DIGEST OF SB 239 (Updated February 23, 2022 3:03 pm - DI 141)
	8	+	Citations Affected: IC 25-1; IC 25-23.6.
	9	+	Synopsis: Practitioner advertising and education. Provides that,
	10	+	beginning January 1, 2023, certain practitioners are subject to
	11	+	disciplinary sanctions if the practitioner communicates or disseminates
	12	+	to the general public an advertisement that includes deceptive or
	13	+	misleading information or does not prominently state the profession or
	14	+	license held by the practitioner. Establishes certain exceptions.
	15	+	Decreases the number of experiential practice hours required to obtain
	16	+	a license as a marriage and family therapist or a therapist associate.
	17	+	Specifies that the hours must be completed during at least 12 months.
	18	+	Effective: July 1, 2022.
	19	+	Boehnlein, Brown L, Melton,
	20	+	Leising, Becker, Yoder, Ford J.D.,
	21	+	Randolph Lonnie M, Pol Jr.
	22	+	(HOUSE SPONSORS — ZENT, JORDAN, BARRETT)
	23	+	January 10, 2022, read first time and referred to Committee on Health and Provider
	24	+	Services.
	25	+	January 27, 2022, amended, reported favorably — Do Pass.
	26	+	January 31, 2022, read second time, amended, ordered engrossed.
	27	+	February 1, 2022, engrossed. Read third time, passed. Yeas 49, nays 0.
	28	+	HOUSE ACTION
	29	+	February 7, 2022, read first time and referred to Committee on Public Health.
	30	+	February 17, 2022, amended, reported — Do Pass.
	31	+	February 23, 2022, read second time, amended, ordered engrossed.
	32	+	ES 239—LS 6908/DI 77 Reprinted
	33	+	February 24, 2022
1	34		Second Regular Session of the 122nd General Assembly (2022)
2	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	37		additions will appear in this style type, and deletions will appear in this style type.
5	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	39		provision adopted), the text of the new provision will appear in this style type. Also, the
7	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	41		a new provision to the Indiana Code or the Indiana Constitution.
9	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	43		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 239
12		-	AN ACT to amend the Indiana Code concerning professions and
13		-	occupations.
	44	+	ENGROSSED
	45	+	SENATE BILL No. 239
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	47	+	professions and occupations.
14	48		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 25-1-10.3 IS ADDED TO THE INDIANA CODE
16		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2022]:
18		-	Chapter 10.3. Health Care Provider Advertising
19		-	Sec. 1. This chapter does not apply to an advertisement
20		-	communicated or disseminated before January 1, 2023. However,
21		-	an advertisement that was prepared or created before January 1,
22		-	2023, may not be disseminated after December 31, 2022, unless the
23		-	advertisement complies with the requirements set forth in section
24		-	7 of this chapter.
25		-	Sec. 2. (a) As used in this chapter, "advertisement" means any
26		-	printed, electronic, or oral statement:
27		-	(1) that is communicated or disseminated to the general
28		-	public;
29		-	(2) that:
30		-	(A) is intended to encourage a person to use a
31		-	practitioner's professional services; or
32		-	(B) for commercial purposes, names a practitioner in
33		-	connection with the practice, profession, or institution in
34		-	which the practitioner is employed, volunteers, or provides
35		-	health care services; and
36		-	SEA 239 — CC 1 2
	49	+	1 SECTION 1. IC 25-1-10.3 IS ADDED TO THE INDIANA CODE
	50	+	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	51	+	3 JULY 1, 2022]:
	52	+	4 Chapter 10.3. Health Care Provider Advertising
	53	+	5 Sec. 1. This chapter does not apply to an advertisement
	54	+	6 communicated or disseminated before January 1, 2023. However,
	55	+	7 an advertisement that was prepared or created before January 1,
	56	+	8 2023, may not be disseminated after December 31, 2022, unless the
	57	+	9 advertisement complies with the requirements set forth in section
	58	+	10 7 of this chapter.
	59	+	11 Sec. 2. (a) As used in this chapter, "advertisement" means any
	60	+	12 printed, electronic, or oral statement:
	61	+	13 (1) that is communicated or disseminated to the general
	62	+	14 public;
	63	+	15 (2) that:
	64	+	16 (A) is intended to encourage a person to use a
	65	+	17 practitioner's professional services; or
	66	+	ES 239—LS 6908/DI 77 2
	67	+	1 (B) for commercial purposes, names a practitioner in
	68	+	2 connection with the practice, profession, or institution in
	69	+	3 which the practitioner is employed, volunteers, or provides
	70	+	4 health care services; and
	71	+	5 (3) that the practitioner or the practitioner's group practice
	72	+	6 has control over the preparation, communication, or
	73	+	7 dissemination of the statement.
	74	+	8 (b) The term includes the communication or dissemination as
	75	+	9 described in subsection (a) of any other communication or
	76	+	10 statement used in the course of business for the purpose of
	77	+	11 promoting a practitioner's services offered to the public.
	78	+	12 (c) The term does not include the following:
	79	+	13 (1) Office building placards.
	80	+	14 (2) Exterior building signage that was in place before January
	81	+	15 1, 2023.
	82	+	16 Sec. 3. As used in this chapter, "deceptive or misleading
	83	+	17 information" means any information that misrepresents or falsely
	84	+	18 describes a practitioner's:
	85	+	19 (1) profession;
	86	+	20 (2) skills;
	87	+	21 (3) training;
	88	+	22 (4) expertise;
	89	+	23 (5) educational degree;
	90	+	24 (6) board certification; or
	91	+	25 (7) license.
	92	+	26 Sec. 3.5. As used in this chapter, "educational degree" means
	93	+	27 the degree awarded to the practitioner by a college or university in
	94	+	28 the practitioner's profession, which may be used under the scope
	95	+	29 of the practitioner's license, including use of its acronym.
	96	+	30 Sec. 4. As used in this chapter, "license" has the meaning set
	97	+	31 forth in IC 25-1-2-6.
	98	+	32 Sec. 5. (a) As used in this chapter, except as provided in
	99	+	33 subsection (b), "practitioner" means an individual who holds a
	100	+	34 license issued by a board described in IC 25-0.5-11, including a
	101	+	35 certificate of registration issued under IC 25-20.
	102	+	36 (b) The term does not include a veterinarian licensed under
	103	+	37 IC 25-38.1.
	104	+	38 Sec. 6. As used in this chapter, "profession" means the name or
	105	+	39 title of the profession of which a practitioner is a member, as
	106	+	40 specifically allowed for use by individuals who hold a license,
	107	+	41 license by endorsement, certificate, or registration from a board
	108	+	42 described in IC 25-0.5-11 under the board's governing statute or
	109	+	ES 239—LS 6908/DI 77 3
	110	+	1 rules. The term does not include the license or educational degree
	111	+	2 of a practitioner.
	112	+	3 Sec. 7. (a) An advertisement that includes a practitioner's name
	113	+	4 must prominently state the profession or license held by the
	114	+	5 practitioner.
	115	+	6 (b) A written advertisement that includes a practitioner's name
	116	+	7 must prominently set forth the profession or license held by the
	117	+	8 practitioner in a font size and style that makes the information
	118	+	9 readily apparent to the reader.
	119	+	10 (c) An advertisement must not include any deceptive or
	120	+	11 misleading information.
	121	+	12 (d) Subject to subsection (e), a practitioner who communicates
	122	+	13 or disseminates to the general public an advertisement that violates
	123	+	14 this section is subject to disciplinary sanctions under IC 25-1-9 by
	124	+	15 the board that issued the practitioner's license.
	125	+	16 (e) Nothing in this section prevents an advertisement using the
	126	+	17 practitioner's title or designation associated with the practitioner's
	127	+	18 educational degree if the advertisement meets the requirements of
	128	+	19 subsection (a).
	129	+	20 SECTION 2. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
	130	+	21 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	131	+	22 JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
	132	+	23 and family therapist under section 1 of this chapter or an applicant for
	133	+	24 a license as a marriage and family therapist associate under section 1.5
	134	+	25 of this chapter must complete the following educational requirements:
	135	+	26 (1) Except as provided in subsection (b), complete twenty-seven
	136	+	27 (27) semester hours or forty-one (41) quarter hours of graduate
	137	+	28 course work that must include graduate level course credits with
	138	+	29 material in at least the following content areas:
	139	+	30 (A) Theoretical foundations of marriage and family therapy.
	140	+	31 (B) Major models of marriage and family therapy.
	141	+	32 (C) Individual development.
	142	+	33 (D) Family development and family relationships.
	143	+	34 (E) Clinical problems.
	144	+	35 (F) Collaboration with other disciplines.
	145	+	36 (G) Sexuality.
	146	+	37 (H) Gender and sexual orientation.
	147	+	38 (I) Issues of ethnicity, race, socioeconomic status, and culture.
	148	+	39 (J) Therapy techniques.
	149	+	40 (K) Behavioral research that focuses on the interpretation and
	150	+	41 application of research data as it applies to clinical practice.
	151	+	42 The content areas may be combined into any one (1) graduate
	152	+	ES 239—LS 6908/DI 77 4
	153	+	1 level course, if the applicant can prove that the course work was
	154	+	2 devoted to each content area.
	155	+	3 (2) Not less than one (1) graduate level course of two (2) semester
	156	+	4 hours or three (3) quarter hours in the following areas:
	157	+	5 (A) Legal, ethical, and professional standards issues in the
	158	+	6 practice of marriage and family therapy or an equivalent
	159	+	7 course approved by the board.
	160	+	8 (B) Appraisal and assessment for individual or interpersonal
	161	+	9 disorder or dysfunction.
	162	+	10 (3) At least one (1) supervised clinical practicum, internship, or
	163	+	11 field experience in a marriage and family counseling setting that
	164	+	12 meets the following requirements:
	165	+	13 (A) The applicant provided, five hundred (500) hours of
	166	+	14 marriage and family therapy services, including at least four
	167	+	15 during at least twelve (12) months of clinical practice, at
	168	+	16 least three hundred (400) (300) face to face client contact
	169	+	17 hours, of which at least two one hundred (200) (100) hours
	170	+	18 must be relational, under the supervision of a licensed
	171	+	19 marriage and family therapist who has at least five (5) years of
	172	+	20 experience or a qualified supervisor approved by the board.
	173	+	21 (B) The applicant received one hundred (100) hours of
	174	+	22 supervision from a licensed marriage and family therapist who
	175	+	23 has at least five (5) years experience as a qualified supervisor.
	176	+	24 The requirements under clauses (A) and (B) may be met by a
	177	+	25 supervised practice experience that took place away from an
	178	+	26 institution of higher education but that is certified by an official
	179	+	27 of the eligible postsecondary educational institution as being
	180	+	28 equivalent to a graduate level practicum or internship program at
	181	+	29 an institution accredited by an accrediting agency approved by the
	182	+	30 United States Department of Education Commission on
	183	+	31 Recognition of Postsecondary Education, the Association of
	184	+	32 Universities and Colleges of Canada, or the Commission on
	185	+	33 Accreditation for Marriage and Family Therapy Education.
	186	+	34 (b) The following graduate work may not be used to satisfy the
	187	+	35 content area requirements under subsection (a):
	188	+	36 (1) Thesis or dissertation work.
	189	+	37 (2) Practicums, internships, or fieldwork.
	190	+	ES 239—LS 6908/DI 77 5
	191	+	COMMITTEE REPORT
	192	+	Madam President: The Senate Committee on Health and Provider
	193	+	Services, to which was referred Senate Bill No. 239, has had the same
	194	+	under consideration and begs leave to report the same back to the
	195	+	Senate with the recommendation that said bill be AMENDED as
	196	+	follows:
	197	+	Page 1, line 6, after "." insert "However, an advertisement that
	198	+	was prepared or created before January 1, 2023, may not be
	199	+	disseminated after December 31, 2022, unless the advertisement
	200	+	complies with the requirements set forth in section 7 of this
	201	+	chapter.".
	202	+	Page 2, between lines 14 and 15, begin a new line block indented
	203	+	and insert:
	204	+	"(13) A newspaper or magazine.".
	205	+	Page 2, line 15, delete "(13)" and insert "(14)".
	206	+	Page 2, line 20, delete "signage." and insert "signage that was in
	207	+	place before January 1, 2023.".
	208	+	Page 3, delete lines 7 through 9.
	209	+	Page 3, line 10, delete "(c)" and insert "(b)".
	210	+	Page 3, delete lines 27 through 42.
	211	+	Delete page 4.
	212	+	Page 5, delete lines 1 through 4.
	213	+	Page 6, delete line 6.
	214	+	Page 6, line 7, delete "(P)" and insert "(O)".
	215	+	Page 6, line 8, delete "(Q)" and insert "(P)".
	216	+	Page 6, line 9, delete "(R)" and insert "(Q)".
	217	+	Page 6, line 10, delete "(S)" and insert "(R)".
	218	+	Page 6, line 11, delete "(T)" and insert "(S)".
	219	+	Page 6, line 12, delete "(U)" and insert "(T)".
	220	+	Page 6, line 13, delete "(V)" and insert "(U)".
	221	+	Page 6, line 14, delete "(W)" and insert "(V)".
	222	+	Page 6, line 15, delete "(X)" and insert "(W)".
	223	+	Page 6, line 16, delete "(Y)" and insert "(X)".
	224	+	Page 6, line 17, delete "(Z)" and insert "(Y)".
	225	+	Page 6, line 18, delete "(AA)" and insert "(Z)".
	226	+	Page 6, line 19, delete "(BB)" and insert "(AA)".
	227	+	Page 6, line 20, delete "(CC)" and insert "(BB)".
	228	+	Page 6, line 21, delete "(DD)" and insert "(CC)".
	229	+	Page 6, line 22, delete "(EE)" and insert "(DD)".
	230	+	Page 6, line 23, delete "(FF)" and insert "(EE)".
	231	+	Page 6, line 24, delete "(GG)" and insert "(FF)".
	232	+	ES 239—LS 6908/DI 77 6
	233	+	Page 6, line 25, delete "(HH)" and insert "(GG)".
	234	+	Page 6, line 26, delete "(II)" and insert "(HH)".
	235	+	Page 6, line 27, delete "(JJ)" and insert "(II)".
	236	+	Page 6, line 28, delete "(KK)" and insert "(JJ)".
	237	+	Page 6, line 29, delete "(LL)" and insert "(KK)".
	238	+	Page 6, line 29, delete "or".
	239	+	Page 6, delete line 30, begin a new line double block indented and
	240	+	insert:
	241	+	"(LL) "medical doctor";
	242	+	(MM) "family practice physician"; or
	243	+	(NN) "physiatrist".
	244	+	This subdivision does not prevent a practitioner from using
	245	+	the name or title of the practitioner's profession that is
	246	+	allowed under the practitioner's practice act.".
	247	+	Page 6, strike line 31.
	248	+	Page 6, line 32, strike "inducing others to believe that the".
	249	+	Page 6, line 32, delete "named".
	250	+	Page 6, line 32, strike "person is engaged in"
	251	+	Page 6, strike line 33.
	252	+	Renumber all SECTIONS consecutively.
	253	+	and when so amended that said bill do pass.
	254	+	(Reference is to SB 239 as introduced.)
	255	+	CHARBONNEAU, Chairperson
	256	+	Committee Vote: Yeas 9, Nays 1.
	257	+	_____
	258	+	SENATE MOTION
	259	+	Madam President: I move that Senate Bill 239 be amended to read
	260	+	as follows:
	261	+	Page 1, line 14, delete "and".
	262	+	Page 2, line 4, delete "services." and insert "services; and
37	263		(3) that the practitioner or the practitioner's group practice
38	264		has control over the preparation, communication, or
39		-	dissemination of the statement.
40		-	(b) The term includes the communication or dissemination as
41		-	described in subsection (a) of any other communication or
42		-	statement used in the course of business for the purpose of
43		-	promoting a practitioner's services offered to the public.
44		-	(c) The term does not include the following:
45		-	(1) Office building placards.
46		-	(2) Exterior building signage that was in place before January
47		-	1, 2023.
48		-	Sec. 3. As used in this chapter, "deceptive or misleading
49		-	information" means any information that misrepresents or falsely
50		-	describes a practitioner's:
51		-	(1) profession;
52		-	(2) skills;
53		-	(3) training;
54		-	(4) expertise;
55		-	(5) educational degree;
56		-	(6) board certification; or
57		-	(7) license.
58		-	Sec. 3.5. As used in this chapter, "educational degree" means
	265	+	dissemination of the statement.".
	266	+	Page 2, line 6, delete "of the following:".
	267	+	Page 2, delete lines 7 through 19.
	268	+	Page 2, line 20, delete "(14) Any".
	269	+	Page 2, run in lines 6 through 20.
	270	+	ES 239—LS 6908/DI 77 7
	271	+	Page 2, line 21, after "promoting" insert "a practitioner's".
	272	+	Page 2, line 34, delete "education;" and insert "educational
	273	+	degree;".
	274	+	Page 2, delete lines 37 through 42, begin a new paragraph and
	275	+	insert:
	276	+	"Sec. 3.5. As used in this chapter, "educational degree" means
59	277		the degree awarded to the practitioner by a college or university in
60	278		the practitioner's profession, which may be used under the scope
61	279		of the practitioner's license, including use of its acronym.
62	280		Sec. 4. As used in this chapter, "license" has the meaning set
63		-	forth in IC 25-1-2-6.
64		-	Sec. 5. (a) As used in this chapter, except as provided in
65		-	subsection (b), "practitioner" means an individual who holds a
66		-	license issued by a board described in IC 25-0.5-11, including a
67		-	certificate of registration issued under IC 25-20.
68		-	(b) The term does not include a veterinarian licensed under
69		-	IC 25-38.1.
70		-	Sec. 6. As used in this chapter, "profession" means the name or
71		-	title of the profession of which a practitioner is a member, as
72		-	specifically allowed for use by individuals who hold a license,
73		-	license by endorsement, certificate, or registration from a board
74		-	described in IC 25-0.5-11 under the board's governing statute or
75		-	rules. The term does not include the license or educational degree
76		-	of a practitioner.
77		-	Sec. 7. (a) An advertisement that includes a practitioner's name
78		-	must prominently state the profession or license held by the
79		-	SEA 239 — CC 1 3
80		-	practitioner.
81		-	(b) A written advertisement that includes a practitioner's name
82		-	must prominently set forth the profession or license held by the
83		-	practitioner in a font size and style that makes the information
84		-	readily apparent to the reader.
85		-	(c) An advertisement must not include any deceptive or
86		-	misleading information.
87		-	(d) Subject to subsection (e), a practitioner who communicates
88		-	or disseminates to the general public an advertisement that violates
89		-	this section is subject to disciplinary sanctions under IC 25-1-9 by
90		-	the board that issued the practitioner's license.
91		-	(e) Nothing in this section prevents an advertisement using the
	281	+	forth in IC 25-1-2-6.".
	282	+	Page 3, delete lines 1 through 2.
	283	+	Page 3, delete lines 9 through 17, begin a new paragraph and insert:
	284	+	"Sec. 6. As used in this chapter, "profession" means the name or
	285	+	title of the profession of which a practitioner is a member,
	286	+	including any term specifically allowed for use by individuals who
	287	+	hold a license, certificate, or registration from a board described
	288	+	in IC 25-0.5-11 under the board's governing statute or rules. The
	289	+	term does not include the license or educational degree of a
	290	+	practitioner.".
	291	+	Page 3, line 19, delete "type of " and insert "profession or".
	292	+	Page 3, line 21, delete "type of" and insert "profession or".
	293	+	Page 3, line 26, delete "A" and insert "Subject to subsection (e), a".
	294	+	Page 3, between lines 29 and 30, begin a new paragraph and insert:
	295	+	"(e) Nothing in this section prevents an advertisement using the
92	296		practitioner's title or designation associated with the practitioner's
93	297		educational degree if the advertisement meets the requirements of
94		-	subsection (a).
95		-	SECTION 2. IC 25-22.5-1-1.1, AS AMENDED BY P.L.28-2019,
96		-	SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
97		-	JULY 1, 2022]: Sec. 1.1. As used in this article:
98		-	(a) "Practice of medicine or osteopathic medicine" means any one
99		-	(1) or a combination of the following:
100		-	(1) Holding oneself out to the public as being engaged in:
101		-	(A) the diagnosis, treatment, correction, or prevention of any
102		-	disease, ailment, defect, injury, infirmity, deformity, pain, or
103		-	other condition of human beings;
104		-	(B) the suggestion, recommendation, or prescription or
105		-	administration of any form of treatment, without limitation;
106		-	(C) the performing of any kind of surgical operation upon a
107		-	human being, including tattooing (except for providing a tattoo
108		-	as defined in IC 35-45-21-4(a)), in which human tissue is cut,
109		-	burned, or vaporized by the use of any mechanical means,
110		-	laser, or ionizing radiation, or the penetration of the skin or
111		-	body orifice by any means, for the intended palliation, relief,
112		-	or cure; or
113		-	(D) the prevention of any physical, mental, or functional
114		-	ailment or defect of any person.
115		-	(2) The maintenance of an office or a place of business for the
116		-	reception, examination, or treatment of persons suffering from
117		-	disease, ailment, defect, injury, infirmity, deformity, pain, or other
118		-	conditions of body or mind.
119		-	(3) Attaching the designation "doctor of medicine", "M.D.",
120		-	"doctor of osteopathy", "D.O.", "osteopathic medical physician",
121		-	"physician", "surgeon", or "physician and surgeon", to a name,
122		-	SEA 239 — CC 1 4
123		-	either alone or in connection with other words, the designation
124		-	or term:
125		-	(A) "doctor of medicine";
126		-	(B) "M.D.";
127		-	(C) "doctor of osteopathy";
128		-	(D) "D.O.";
129		-	(E) "physician";
130		-	(F) "osteopath";
131		-	(G) "osteopathic medical physician";
132		-	(H) "surgeon";
133		-	(I) "physician and surgeon";
134		-	(J) "anesthesiologist";
135		-	(K) "cardiologist";
136		-	(L) "dermatologist";
137		-	(M) "endocrinologist";
138		-	(N) "gastroenterologist";
139		-	(O) "gynecologist";
140		-	(P) "hematologist";
141		-	(Q) "internist";
142		-	(R) "laryngologist";
143		-	(S) "nephrologist";
144		-	(T) "neurologist";
145		-	(U) "obstetrician";
146		-	(V) "oncologist";
147		-	(W) "ophthalmologist";
148		-	(X) "orthopedic surgeon";
149		-	(Y) "orthopedist";
150		-	(Z) "otologist";
151		-	(AA) "otolaryngologist";
152		-	(BB) "otorhinolaryngologist";
153		-	(CC) "pathologist";
154		-	(DD) "pediatrician";
155		-	(EE) "primary care physician";
156		-	(FF) "proctologist";
157		-	(GG) "psychiatrist";
158		-	(HH) "radiologist";
159		-	(II) "rheumatologist";
160		-	(JJ) "rhinologist";
161		-	(KK) "urologist";
162		-	(LL) "medical doctor";
163		-	(MM) "family practice physician"; or
164		-	(NN) "physiatrist".
165		-	SEA 239 — CC 1 5
166		-	This subdivision does not apply to a practitioner if the
167		-	practitioner has a special area of practice and the practitioner
168		-	uses the following format: "[The name or title of the
169		-	practitioner's profession] specializing in [name of specialty]".
170		-	(4) Nothing in subdivision (3) prevents the following:
171		-	(A) A practitioner from using the name or title of the
172		-	practitioner's profession that is allowed under the
173		-	practitioner's practice act or under a law in the Indiana
174		-	Code.
175		-	(B) A practitioner who is a chiropractor (as defined in
176		-	IC 25-10-1-1) and who has attained diplomate status in a
177		-	chiropractic specialty area recognized by the American
178		-	Chiropractic Association, International Chiropractic
179		-	Association, or International Academy of Clinical
180		-	Neurology before July 1, 2025, from using a designation or
181		-	term included in subdivision (3) in conjunction with the
182		-	name or title of the practitioner's profession.
183		-	(C) A practitioner who is a dentist licensed under
184		-	IC 25-14-1 and who has completed a dental anesthesiology
185		-	residency recognized by the American Dental Board of
186		-	Anesthesiology before July 1, 2025, from using a
187		-	designation or term included in subdivision (3) in
188		-	conjunction with the name or title of the practitioner's
189		-	profession.
190		-	or any other words or abbreviations to a name, indicating or
191		-	inducing others to believe that the person is engaged in the
192		-	practice of medicine or osteopathic medicine (as defined in this
193		-	section).
194		-	(4) (5) Providing diagnostic or treatment services to a person in
195		-	Indiana when the diagnostic or treatment services:
196		-	(A) are transmitted through electronic communications; and
197		-	(B) are on a regular, routine, and nonepisodic basis or under
198		-	an oral or written agreement to regularly provide medical
199		-	services.
200		-	In addition to the exceptions described in section 2 of this chapter,
201		-	a nonresident physician who is located outside Indiana does not
202		-	practice medicine or osteopathy in Indiana by providing a second
203		-	opinion to a licensee or diagnostic or treatment services to a
204		-	patient in Indiana following medical care originally provided to
205		-	the patient while outside Indiana.
206		-	(b) "Board" refers to the medical licensing board of Indiana.
207		-	(c) "Diagnose or diagnosis" means to examine a patient, parts of a
208		-	SEA 239 — CC 1 6
209		-	patient's body, substances taken or removed from a patient's body, or
210		-	materials produced by a patient's body to determine the source or
211		-	nature of a disease or other physical or mental condition, or to hold
212		-	oneself out or represent that a person is a physician and is so examining
213		-	a patient. It is not necessary that the examination be made in the
214		-	presence of the patient; it may be made on information supplied either
215		-	directly or indirectly by the patient.
216		-	(d) "Drug or medicine" means any medicine, compound, or
217		-	chemical or biological preparation intended for internal or external use
218		-	of humans, and all substances intended to be used for the diagnosis,
219		-	cure, mitigation, or prevention of diseases or abnormalities of humans,
220		-	which are recognized in the latest editions published of the United
221		-	States Pharmacopoeia or National Formulary, or otherwise established
222		-	as a drug or medicine.
223		-	(e) "Licensee" means any individual holding a valid unlimited
224		-	license issued by the board under this article.
225		-	(f) "Prescribe or prescription" means to direct, order, or designate
226		-	the use of or manner of using a drug, medicine, or treatment, by spoken
227		-	or written words or other means and in accordance with IC 25-1-9.3.
228		-	(g) "Physician" means any person who holds the degree of doctor of
229		-	medicine or doctor of osteopathy or its equivalent and who holds a
230		-	valid unlimited license to practice medicine or osteopathic medicine in
231		-	Indiana.
232		-	(h) "Medical school" means a nationally accredited college of
233		-	medicine or of osteopathic medicine approved by the board.
234		-	(i) "Physician assistant" means an individual who:
235		-	(1) is supervised by has a collaborative agreement with a
236		-	physician;
237		-	(2) graduated from an approved physician assistant program
238		-	described in IC 25-27.5-2-2;
239		-	(3) passed the examination administered by the National
240		-	Commission on Certification of Physician Assistants (NCCPA)
241		-	and maintains certification; and
242		-	(4) has been licensed by the physician assistant committee under
243		-	IC 25-27.5.
244		-	(j) "Agency" refers to the Indiana professional licensing agency
245		-	under IC 25-1-5.
246		-	(k) "INSPECT program" means the Indiana scheduled prescription
247		-	electronic collection and tracking program established by IC 25-1-13-4.
248		-	SECTION 3. IC 25-22.5-1-2, AS AMENDED BY P.L.180-2018,
249		-	SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
250		-	JULY 1, 2022]: Sec. 2. (a) This article, as it relates to the unlawful or
251		-	SEA 239 — CC 1 7
252		-	unauthorized practice of medicine or osteopathic medicine, does not
253		-	apply to any of the following:
254		-	(1) A student in training in a medical school approved by the
255		-	board, or while performing duties as an intern or a resident in a
256		-	hospital under the supervision of the hospital's staff or in a
257		-	program approved by the medical school.
258		-	(2) A person who renders service in case of emergency where no
259		-	fee or other consideration is contemplated, charged, or received.
260		-	(3) A paramedic (as defined in IC 16-18-2-266), an advanced
261		-	emergency medical technician (as defined in IC 16-18-2-6.5), an
262		-	emergency medical technician (as defined in IC 16-18-2-112), or
263		-	a person with equivalent certification from another state who
264		-	renders advanced life support (as defined in IC 16-18-2-7), or
265		-	basic life support (as defined in IC 16-18-2-33.5):
266		-	(A) during a disaster emergency declared by the governor
267		-	under IC 10-14-3-12 in response to an act that the governor in
268		-	good faith believes to be an act of terrorism (as defined in
269		-	IC 35-31.5-2-329); and
270		-	(B) in accordance with the rules adopted by the Indiana
271		-	emergency medical services commission or the disaster
272		-	emergency declaration of the governor.
273		-	(4) Commissioned medical officers or medical service officers of
274		-	the armed forces of the United States, the United States Public
275		-	Health Service, and medical officers of the United States
276		-	Department of Veterans Affairs in the discharge of their official
277		-	duties in Indiana.
278		-	(5) An individual who is not a licensee who resides in another
279		-	state or country and is authorized to practice medicine or
280		-	osteopathic medicine there, who is called in for consultation by an
281		-	individual licensed to practice medicine or osteopathic medicine
282		-	in Indiana.
283		-	(6) A person administering a domestic or family remedy to a
284		-	member of the person's family.
285		-	(7) A member of a church practicing the religious tenets of the
286		-	church if the member does not make a medical diagnosis,
287		-	prescribe or administer drugs or medicines, perform surgical or
288		-	physical operations, or assume the title of or profess to be a
289		-	physician.
290		-	(8) A school corporation and a school employee who acts under
291		-	IC 34-30-14 (or IC 34-4-16.5-3.5 before its repeal).
292		-	(9) A chiropractor practicing the chiropractor's profession under
293		-	IC 25-10 or to an employee of a chiropractor acting under the
294		-	SEA 239 — CC 1 8
295		-	direction and supervision of the chiropractor under IC 25-10-1-13.
296		-	(10) A dental hygienist practicing the dental hygienist's profession
297		-	under IC 25-13.
298		-	(11) A dentist practicing the dentist's profession under IC 25-14.
299		-	(12) A hearing aid dealer practicing the hearing aid dealer's
300		-	profession under IC 25-20.
301		-	(13) A nurse practicing the nurse's profession under IC 25-23.
302		-	However, a certified registered nurse anesthetist (as defined in
303		-	IC 25-23-1-1.4) may administer anesthesia if the certified
304		-	registered nurse anesthetist acts under the direction of and in the
305		-	immediate presence of a physician.
306		-	(14) An optometrist practicing the optometrist's profession under
307		-	IC 25-24.
308		-	(15) A pharmacist practicing the pharmacist's profession under
309		-	IC 25-26.
310		-	(16) A physical therapist practicing the physical therapist's
311		-	profession under IC 25-27.
312		-	(17) A podiatrist practicing the podiatrist's profession under
313		-	IC 25-29.
314		-	(18) A psychologist practicing the psychologist's profession under
315		-	IC 25-33.
316		-	(19) A speech-language pathologist or audiologist practicing the
317		-	pathologist's or audiologist's profession under IC 25-35.6.
318		-	(20) An employee of a physician or group of physicians who
319		-	performs an act, a duty, or a function that is customarily within
320		-	the specific area of practice of the employing physician or group
321		-	of physicians, if the act, duty, or function is performed under the
322		-	direction and supervision of the employing physician or a
323		-	physician of the employing group within whose area of practice
324		-	the act, duty, or function falls. An employee may not make a
325		-	diagnosis or prescribe a treatment and must report the results of
326		-	an examination of a patient conducted by the employee to the
327		-	employing physician or the physician of the employing group
328		-	under whose supervision the employee is working. An employee
329		-	may not administer medication without the specific order of the
330		-	employing physician or a physician of the employing group.
331		-	Unless an employee is licensed or registered to independently
332		-	practice in a profession described in subdivisions (9) through
333		-	(18), nothing in this subsection grants the employee independent
334		-	practitioner status or the authority to perform patient services in
335		-	an independent practice in a profession.
336		-	(21) A hospital licensed under IC 16-21 or IC 12-25.
337		-	SEA 239 — CC 1 9
338		-	(22) A health care organization whose members, shareholders, or
339		-	partners are individuals, partnerships, corporations, facilities, or
340		-	institutions licensed or legally authorized by this state to provide
341		-	health care or professional services as:
342		-	(A) a physician;
343		-	(B) a psychiatric hospital;
344		-	(C) a hospital;
345		-	(D) a health maintenance organization or limited service
346		-	health maintenance organization;
347		-	(E) a health facility;
348		-	(F) a dentist;
349		-	(G) a registered or licensed practical nurse;
350		-	(H) a certified nurse midwife or a certified direct entry
351		-	midwife;
352		-	(I) an optometrist;
353		-	(J) a podiatrist;
354		-	(K) a chiropractor;
355		-	(L) a physical therapist; or
356		-	(M) a psychologist.
357		-	(23) A physician assistant practicing the physician assistant
358		-	profession under IC 25-27.5.
359		-	(24) A physician providing medical treatment under section 2.1
360		-	of this chapter.
361		-	(25) An attendant who provides attendant care services (as
362		-	defined in IC 16-18-2-28.5).
363		-	(26) A personal services attendant providing authorized attendant
364		-	care services under IC 12-10-17.1.
365		-	(27) A respiratory care practitioner practicing the practitioner's
366		-	profession under IC 25-34.5.
367		-	(b) A person described in subsection (a)(9) through (a)(18) is not
368		-	excluded from the application of this article if:
369		-	(1) the person performs an act that an Indiana statute does not
370		-	authorize the person to perform; and
371		-	(2) the act qualifies in whole or in part as the practice of medicine
372		-	or osteopathic medicine.
373		-	(c) An employment or other contractual relationship between an
374		-	entity described in subsection (a)(21) through (a)(22) and a licensed
375		-	physician does not constitute the unlawful practice of medicine or
376		-	osteopathic medicine under this article if the entity does not direct or
377		-	control independent medical acts, decisions, or judgment of the
378		-	licensed physician. However, if the direction or control is done by the
379		-	entity under IC 34-30-15 (or IC 34-4-12.6 before its repeal), the entity
380		-	SEA 239 — CC 1 10
381		-	is excluded from the application of this article as it relates to the
382		-	unlawful practice of medicine or osteopathic medicine.
383		-	(d) This subsection does not apply to a prescription or drug order for
384		-	a legend drug that is filled or refilled in a pharmacy owned or operated
385		-	by a hospital licensed under IC 16-21. A physician licensed in Indiana
386		-	who permits or authorizes a person to fill or refill a prescription or drug
387		-	order for a legend drug except as authorized in IC 16-42-19-11 through
388		-	IC 16-42-19-19 is subject to disciplinary action under IC 25-1-9. A
389		-	person who violates this subsection commits the unlawful practice of
390		-	medicine or osteopathic medicine under this chapter.
391		-	(e) A person described in subsection (a)(8) shall not be authorized
392		-	to dispense contraceptives or birth control devices.
393		-	(f) Nothing in this section allows a person to use words or
394		-	abbreviations that indicate or induce an individual to believe that
395		-	the person is engaged in the practice of medicine or osteopathic
396		-	medicine.
397		-	SEA 239 — CC 1 President of the Senate
398		-	President Pro Tempore
399		-	Speaker of the House of Representatives
400		-	Governor of the State of Indiana
401		-	Date: Time:
402		-	SEA 239 — CC 1
	298	+	subsection (a).".
	299	+	Page 5, line 17, delete "act." and insert "act or under a law in the
	300	+	Indiana Code. This subdivision does not apply to a practitioner if
	301	+	the practitioner has a special area of practice and the practitioner
	302	+	uses the following format: "[The name or title of the practitioner's
	303	+	profession] specializing in [name of specialty]".".
	304	+	Page 6, line 20, strike "is supervised by" and insert "has a
	305	+	collaborative agreement with".
	306	+	(Reference is to SB 239 as printed January 28, 2022.)
	307	+	BOEHNLEIN
	308	+	ES 239—LS 6908/DI 77 8
	309	+	COMMITTEE REPORT
	310	+	Mr. Speaker: Your Committee on Public Health, to which was
	311	+	referred Senate Bill 239, has had the same under consideration and
	312	+	begs leave to report the same back to the House with the
	313	+	recommendation that said bill be amended as follows:
	314	+	Page 3, delete lines 20 through 42, begin a new paragraph and
	315	+	insert:
	316	+	"SECTION 3. IC 25-23.6-8-2.5, AS AMENDED BY P.L.49-2019,
	317	+	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	318	+	JULY 1, 2022]: Sec. 2.5. (a) An applicant for a license as a marriage
	319	+	and family therapist under section 1 of this chapter or an applicant for
	320	+	a license as a marriage and family therapist associate under section 1.5
	321	+	of this chapter must complete the following educational requirements:
	322	+	(1) Except as provided in subsection (b), complete twenty-seven
	323	+	(27) semester hours or forty-one (41) quarter hours of graduate
	324	+	course work that must include graduate level course credits with
	325	+	material in at least the following content areas:
	326	+	(A) Theoretical foundations of marriage and family therapy.
	327	+	(B) Major models of marriage and family therapy.
	328	+	(C) Individual development.
	329	+	(D) Family development and family relationships.
	330	+	(E) Clinical problems.
	331	+	(F) Collaboration with other disciplines.
	332	+	(G) Sexuality.
	333	+	(H) Gender and sexual orientation.
	334	+	(I) Issues of ethnicity, race, socioeconomic status, and culture.
	335	+	(J) Therapy techniques.
	336	+	(K) Behavioral research that focuses on the interpretation and
	337	+	application of research data as it applies to clinical practice.
	338	+	The content areas may be combined into any one (1) graduate
	339	+	level course, if the applicant can prove that the course work was
	340	+	devoted to each content area.
	341	+	(2) Not less than one (1) graduate level course of two (2) semester
	342	+	hours or three (3) quarter hours in the following areas:
	343	+	(A) Legal, ethical, and professional standards issues in the
	344	+	practice of marriage and family therapy or an equivalent
	345	+	course approved by the board.
	346	+	(B) Appraisal and assessment for individual or interpersonal
	347	+	disorder or dysfunction.
	348	+	(3) At least one (1) supervised clinical practicum, internship, or
	349	+	field experience in a marriage and family counseling setting that
	350	+	ES 239—LS 6908/DI 77 9
	351	+	meets the following requirements:
	352	+	(A) The applicant provided, five hundred (500) hours of
	353	+	marriage and family therapy services, including at least four
	354	+	during at least twelve (12) months of clinical practice, at
	355	+	least three hundred (400) (300) face to face client contact
	356	+	hours, of which at least two one hundred (200) (100) hours
	357	+	must be relational, under the supervision of a licensed
	358	+	marriage and family therapist who has at least five (5) years of
	359	+	experience or a qualified supervisor approved by the board.
	360	+	(B) The applicant received one hundred (100) hours of
	361	+	supervision from a licensed marriage and family therapist who
	362	+	has at least five (5) years experience as a qualified supervisor.
	363	+	The requirements under clauses (A) and (B) may be met by a
	364	+	supervised practice experience that took place away from an
	365	+	institution of higher education but that is certified by an official
	366	+	of the eligible postsecondary educational institution as being
	367	+	equivalent to a graduate level practicum or internship program at
	368	+	an institution accredited by an accrediting agency approved by the
	369	+	United States Department of Education Commission on
	370	+	Recognition of Postsecondary Education, the Association of
	371	+	Universities and Colleges of Canada, or the Commission on
	372	+	Accreditation for Marriage and Family Therapy Education.
	373	+	(b) The following graduate work may not be used to satisfy the
	374	+	content area requirements under subsection (a):
	375	+	(1) Thesis or dissertation work.
	376	+	(2) Practicums, internships, or fieldwork.".
	377	+	Delete pages 4 through 6.
	378	+	Renumber all SECTIONS consecutively.
	379	+	and when so amended that said bill do pass.
	380	+	(Reference is to SB 239 as reprinted February 1, 2022.)
	381	+	BARRETT
	382	+	Committee Vote: yeas 9, nays 0.
	383	+	ES 239—LS 6908/DI 77 10
	384	+	HOUSE MOTION
	385	+	Mr. Speaker: I move that Engrossed Senate Bill 239 be amended to
	386	+	read as follows:
	387	+	Page 2, line 40, delete "including any term" and insert "as".
	388	+	Page 2, line 41, after "license," insert "license by endorsement,".
	389	+	(Reference is to ESB 239 as printed February 17, 2022.)
	390	+	ZENT
	391	+	ES 239—LS 6908/DI 77