Indiana 2023 Regular Session

Indiana Senate Bill SB0275 Latest Draft

Bill / Enrolled Version Filed 04/26/2023

                            First Regular Session of the 123rd General Assembly (2023)
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 275
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 25-22.5-1-1.1, AS AMENDED BY
P.L.178-2022(ts), SECTION 15, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: 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.
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(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 to a name, 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";
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(KK) "urologist";
(LL) "medical doctor";
(MM) "family practice physician"; or
(NN) "physiatrist";
(OO) "allergist";
(PP) "electrophysiologist";
(QQ) "geriatrician";
(RR) "immunologist";
(SS) "medical geneticist";
(TT) "neonatologist"; or
(UU) "pulmonologist".
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 Chiropractors
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.
(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
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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
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) 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
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electronic collection and tracking program established by IC 25-1-13-4.
SEA 275 — 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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