*EH1031.1*
March 28, 2025
ENGROSSED
HOUSE BILL No. 1031
_____
DIGEST OF HB 1031 (Updated March 26, 2025 4:02 pm - DI 104)
Citations Affected: IC 25-14.
Synopsis: Dental matters. Specifies the persons that may file an action
to obtain an injunction against an individual practicing dentistry
without a license and the action that is required or allowed to be
included in an injunction. Specifies information that a dentist who
maintains a dental office must submit to the state board of dentistry.
States that language concerning the administration of dental anesthetics
may not be construed to prohibit a physician from practicing in a dental
office. Allows a dentist to delegate the authority to take x-ray images
to a dental assistant working in certain correctional facilities without
direct supervision as long as the dentist is available to supervise the
dental assistant remotely. Removes certain language regarding the
regulation of dentists.
Effective: July 1, 2025.
Goss-Reaves, Carbaugh, McGuire,
Ledbetter
(SENATE SPONSORS — BROWN L, BECKER)
January 8, 2025, read first time and referred to Committee on Public Health.
January 21, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
January 30, 2025, reported — Do Pass.
February 3, 2025, read second time, ordered engrossed.
February 4, 2025, engrossed. Read third time, passed. Yeas 92, nays 0.
SENATE ACTION
February 18, 2025, read first time and referred to Committee on Health and Provider
Services.
March 27, 2025, amended, reported favorably — Do Pass.
EH 1031—LS 6409/DI 153 March 28, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1031
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-14-1-2, AS AMENDED BY P.L.249-2019,
2 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. (a) The state board of dentistry is established
4 and consists of:
5 (1) nine (9) practicing dentists licensed under IC 25-14 who must
6 have been in practice in Indiana for not less than the five (5)
7 years;
8 (2) one (1) practicing dental hygienist who:
9 (A) has been practicing in Indiana as a dental hygienist
10 (i) in 2011 and 2012, for at least three (3) years; and
11 (ii) after 2012, for at least five (5) years; and
12 (B) is licensed under IC 25-13-1; and
13 (3) one (1) member to represent the general public who must be
14 a resident to this state and in no way associated with the
15 profession of dentistry other than as a consumer.
16 (b) All eleven (11) members of the board appointed before July 1,
17 2019, shall be appointed by the governor for a term of three (3) years
EH 1031—LS 6409/DI 153 2
1 each.
2 (c) (b) All eleven (11) members of the board appointed after June
3 30, 2019, shall be appointed under IC 25-1-6.5.
4 (d) (c) A member of the board may be removed under IC 25-1-6.5-4.
5 (e) (d) The appointment of the dentist members shall be made in a
6 manner that, at all times, each dentist member on the board represents
7 and is a resident of one (1) of nine (9) examiner districts set forth in
8 this subsection. Each dentist member shall be chiefly responsible in the
9 performance of his or her duties with regard to the district from which
10 he or she is appointed. The nine (9) dentist members' districts consist
11 of the following counties:
12 (1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,
13 Morgan, Johnson, and Shelby.
14 (2) District 2. Lake, Porter, LaPorte, and Jasper.
15 (3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,
16 and Fulton.
17 (4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,
18 Huntington, Wells, DeKalb, and Adams.
19 (5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,
20 Vanderburgh, Warrick, Spencer, and Perry.
21 (6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,
22 Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and
23 Clinton.
24 (7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone,
25 Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.
26 (8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
27 Fayette, Union, Henry, and Wayne.
28 (9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin,
29 Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange,
30 Washington, Scott, Jefferson, Switzerland, Ohio, Crawford,
31 Harrison, Floyd, and Clark.
32 (f) (e) The board may issue licenses to applicants who pass an
33 examination administered by an entity that has been approved by the
34 board.
35 SECTION 2. IC 25-14-1-12, AS AMENDED BY P.L.103-2011,
36 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 12. (a) The board shall hold not less than two (2)
38 regular meetings in each year at such place as may be fixed by the
39 board and as often in addition as may be necessary for the transaction
40 of such business as may properly come under the provisions of this
41 chapter, and it shall have power to make all necessary rules in
42 accordance with this chapter. Additional meetings may be called at any
EH 1031—LS 6409/DI 153 3
1 time by the president or any six (6) members of the board to be held at
2 such time and place as may be designated in the call. Six (6) members
3 of the board constitute a quorum. A majority of the quorum may
4 transact business. The board shall elect a president and a secretary. For
5 their services, the members shall receive per diem and travel expenses
6 as otherwise provided by law.
7 (b) It shall be the duty of the board through the agency to keep a
8 record of all applications for licenses for a period of time designated by
9 the board, subject to the final approval of the oversight committee on
10 public records under IC 5-15-5.1-19. Such records shall contain all the
11 facts set forth in the application, including the action of the board. The
12 agency shall carry out the administrative functions of the board and
13 shall provide necessary personnel to enable the board to properly carry
14 out and enforce this chapter.
15 (c) The board may affiliate with the American Association of Dental
16 Boards as an active member thereof and may pay the regular annual
17 dues of the association American Association of Dental Boards out
18 of any available funds of the board, which are obtained by examination
19 fees or registration renewal fees as provided by law. However, the
20 affiliation with the American Association of Dental Boards shall not
21 impair, restrict, enlarge, or modify any of the rights, powers, duties, or
22 functions of the board as prescribed by the laws of this state. The board
23 may designate one (1) of its members as a delegate of any meeting of
24 the association, American Association of Dental Boards, and such
25 delegate member shall receive the regular per diem paid to members
26 of the board for their services on the board and the member's necessary
27 expenses while traveling to and from and attending such meetings.
28 SECTION 3. IC 25-14-1-14 IS AMENDED TO READ AS
29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. The attorney
30 general, prosecuting attorney, the state board of dentistry, or any citizen
31 of any county where any person shall engage in the practice of
32 dentistry, as herein defined, without possessing a valid license so to do,
33 may, in accordance with the laws of the state of Indiana governing
34 injunctions, maintain an action in the name of the state of Indiana to
35 enjoin such person from engaging in the practice of dentistry, as herein
36 defined, until a valid license to practice dentistry be secured. And any
37 person who has been so enjoined who shall violate such injunction
38 shall be punished for contempt of court: Provided, That such injunction
39 shall not relieve such person so practicing dentistry without a valid
40 license from a criminal prosecution therefor as is now provided by law,
41 but such remedy by injunction shall be in addition to any remedy now
42 provided for the criminal prosecution of such offender. In charging any
EH 1031—LS 6409/DI 153 4
1 person in a complaint for injunction, or in an affidavit, information or
2 indictment, with a violation of this law by practicing dentistry without
3 a valid license, it shall be sufficient to charge that such person did,
4 upon a certain day and in a certain county, engage in the practice of
5 dentistry, he not having a valid license so to do, without averring any
6 further or more particular facts concerning the same.
7 (a) The following may bring an action to obtain an injunction
8 against a person who violates section 1 of this chapter:
9 (1) The attorney general.
10 (2) The prosecuting attorney exercising jurisdiction in the
11 county where the unlicensed practice occurs.
12 (3) The board.
13 (4) A resident of the county where the unlicensed practice
14 occurs.
15 (b) An injunction issued under this section:
16 (1) shall prohibit the defendant from engaging in the practice
17 of dentistry until the defendant secures a valid license to
18 practice dentistry; and
19 (2) may impose other requirements that are reasonably
20 necessary to protect the public.
21 (c) An injunction issued under this section does not limit other
22 criminal remedies that may be available.
23 SECTION 4. IC 25-14-1-16, AS AMENDED BY P.L.103-2011,
24 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 16. (a) An applicant under this article must submit
26 to the board proof satisfactory to the board that the applicant has not
27 been convicted of a crime that has a direct bearing on the applicant's
28 ability to practice competently.
29 (b) The board may issue a license upon payment of a fee, set by the
30 board under section 13 of this chapter, to an applicant who furnishes
31 proof satisfactory to the board that the applicant is a dentist who:
32 (1) is licensed in another state or a province of Canada that has
33 licensing requirements substantially equal to those in effect in
34 Indiana on the date of application;
35 (2) has practiced dentistry for at least two (2) of the three (3)
36 years preceding the date of application;
37 (3) passes the law examination administered by the board or an
38 entity approved by the board;
39 (4) has completed the required hours of continuing education in
40 the previous two (2) years; and
41 (5) meets all other requirements of this chapter.
42 (c) The board shall have power to adopt rules under section 13 of
EH 1031—LS 6409/DI 153 5
1 this chapter for licensure by endorsement.
2 (d) An applicant shall, at the request of the board, make an
3 appearance before the board.
4 SECTION 5. IC 25-14-1-17 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. A person practicing
6 dentistry, upon written demand made by the secretary of the state board
7 of dentistry, shall not fail to furnish in writing, within twenty (20) days
8 after such demand, the name and address of each person practicing or
9 assisting in the practice of dentistry in the office of said person,
10 together with a sworn statement showing by what authority or license
11 such person or persons are practicing dentistry and in what capacity
12 nonlicensed persons are assisting in practice; said list of names and
13 addresses shall include all persons who have been thus employed
14 within the sixty (60) days next preceding such demand; however, such
15 affidavit may not be used as evidence against either said person or
16 persons so reported in any proceeding under this chapter.
17 (a) This section applies to a dentist who maintains a dental
18 office.
19 (b) Not later than twenty (20) days from receipt of a request
20 from the board, a dentist shall provide the following information
21 to the board:
22 (1) The name, address, and license number of each person
23 practicing dentistry in the dental office within the preceding
24 sixty (60) days.
25 (2) The name, address, and license number of each licensed
26 person assisting in the practice of dentistry in the dental office
27 within the preceding sixty (60) days.
28 (3) The name, address, and job description of each unlicensed
29 person assisting in the practice of dentistry in the dental office
30 within the preceding sixty (60) days.
31 SECTION 6. IC 25-14-1-18 IS AMENDED TO READ AS
32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. A practitioner of
33 dentistry dentist shall not fail to post, and keep conspicuously
34 displayed, his the dentist's name and license in the dental office
35 wherein he the dentist practices, in plain sight of his the dentist's
36 patients. If there are more dentists than one (1) practicing or employed
37 in any dental office, the manager or proprietor of the office shall not
38 fail to post and display the name and license of each dentist so
39 practicing and so employed therein.
40 SECTION 7. IC 25-14-1-21 IS AMENDED TO READ AS
41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. It shall be the duty
42 of the attorney general to represent the state board of dentistry in any
EH 1031—LS 6409/DI 153 6
1 court in which an action may be filed for the review of an order of the
2 board as provided for in section 20 of this chapter. The attorney general
3 may, at his the attorney general's discretion, call to his the attorney
4 general's assistance in such action, the prosecuting attorney of the
5 county in which such action is filed. Also, the board, with the written
6 consent of the attorney general, shall have the right to employ, out of
7 its own funds, any other attorney or attorneys to assist the attorney
8 general in any such action.
9 SECTION 8. IC 25-14-1-23, AS AMENDED BY P.L.31-2021,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 23. (a) A person is practicing dentistry within the
12 meaning of this chapter if the person does any of the following:
13 (1) Uses the word "dentist" or "dental surgeon", the letters
14 "D.D.S." or "D.M.D.", or other letters or titles in connection with
15 dentistry.
16 (2) Directs and controls the treatment of patients within a place
17 where dental services are performed.
18 (3) Advertises or permits to be advertised by sign, card, circular,
19 handbill, newspaper, radio, or otherwise that the person can or
20 will attempt to perform dental operations of any kind.
21 (4) Offers to evaluate, diagnose, prevent, or treat:
22 (A) diseases, disorders, and conditions of the oral cavity and
23 maxillofacial area;
24 (B) diseases, disorders, and conditions of the associated and
25 adjacent structures of the oral cavity and maxillofacial area if:
26 (i) the dentist is providing emergency care; or
27 (ii) the dentist has completed postgraduate training and
28 certification in oral and maxillofacial surgery from a
29 program certified by the Commission on Dental
30 Accreditation; and
31 (C) the effects of such diseases, disorders, and conditions on
32 the human body;
33 using nonsurgical, surgical, or related procedures.
34 (5) Extracts human teeth or corrects malpositions of the teeth or
35 jaws.
36 (6) Except as provided in IC 25-13-1-10.5 and IC 25-13-1-10.6,
37 administers dental anesthetics. Nothing in this subdivision shall
38 be construed to prohibit a physician from practicing in a
39 dental office as permitted by IC 25-22.5-2-9.
40 (7) Uses x-ray pictures images for dental diagnostic purposes.
41 (8) Makes:
42 (A) oral images for the fabrication of a final restoration,
EH 1031—LS 6409/DI 153 7
1 impression, or cast;
2 (B) impressions; or
3 (C) casts of any oral tissues or structures;
4 for the purpose of diagnosis or treatment thereof or for the
5 construction, repair, reproduction, or duplication of any prosthetic
6 device to alleviate or cure any oral lesion or replace any lost oral
7 structures, tissue, or teeth.
8 (9) Advertises to the public by any method, except trade and
9 professional publications, to furnish, supply, construct, reproduce,
10 repair, or adjust any prosthetic denture, bridge, appliance, or other
11 structure to be worn in the human mouth.
12 (10) Is the employer of a dentist who is hired to provide dental
13 services.
14 (11) Directs or controls the use of dental equipment or dental
15 material while the equipment or material is being used to provide
16 dental services. However, a person may lease or provide advice
17 or assistance concerning dental equipment or dental material if
18 the person does not restrict or interfere with the custody, control,
19 or use of the equipment or material by the dentist. This
20 subdivision does not prevent a dental hygienist who is licensed
21 under IC 25-13 from owning dental equipment or dental materials
22 within the dental hygienist's scope of practice.
23 (12) Directs, controls, or interferes with a dentist's clinical
24 judgment.
25 (13) Exercises direction or control over a dentist through a written
26 contract concerning the following areas of dental practice:
27 (A) The selection of a patient's course of treatment.
28 (B) Referrals of patients, except for requiring referrals to be
29 within a specified provider network, subject to the exceptions
30 under IC 27-13-36-5.
31 (C) Content of patient records.
32 (D) Policies and decisions relating to refunds, if the refund
33 payment would be reportable under federal law to the National
34 Practitioner Data Bank, and warranties.
35 (E) The clinical content of advertising.
36 (F) Final decisions relating to the employment of dental office
37 personnel.
38 However, this subdivision does not prohibit a person from
39 providing advice or assistance concerning the areas of dental
40 practice referred to in this subdivision or an insurer (as defined in
41 IC 27-1-26-1) from carrying out the applicable provisions of
42 IC 27 under which the insurer is licensed.
EH 1031—LS 6409/DI 153 8
1 However, a person does not have to be a dentist to be a manufacturer
2 of dental prostheses.
3 (b) In addition to subsection (a), a person is practicing dentistry who
4 directly or indirectly by any means or method furnishes, supplies,
5 constructs, reproduces, repairs, or adjusts any prosthetic denture,
6 bridge, appliance, or any other structure to be worn in the human
7 mouth and delivers the resulting product to any person other than the
8 duly licensed dentist upon whose written work authorization the work
9 was performed. A written work authorization shall include the
10 following:
11 (1) The name and address of the dental laboratory to which it is
12 directed.
13 (2) The case identification.
14 (3) A specification of the materials to be used.
15 (4) A description of the work to be done and, if necessary,
16 diagrams thereof.
17 (5) The date of issuance of the authorization.
18 (6) The signature and address of the licensed dentist or other
19 dental practitioner by whom the work authorization is issued.
20 A separate work authorization shall be issued for each patient of the
21 issuing licensed dentist or other dental practitioner for whom dental
22 technological work is to be performed.
23 (c) This section shall not apply to those procedures which a legally
24 licensed and practicing dentist may delegate to a dental assistant as to
25 which procedures the dentist exercises direct supervision and
26 responsibility. However, a dentist may, without providing direct
27 supervision, delegate the authority to take x-ray images to a dental
28 assistant working in a state owned or operated correctional facility
29 administered and supervised by the department of corrections
30 under IC 11-8-2-5(a)(2), so long as the dentist is available to
31 supervise the dental assistant remotely.
32 (d) Procedures delegated by a dentist may not include the following:
33 (1) Those procedures which require professional judgment and
34 skill such as diagnosis, treatment planning, the cutting of hard or
35 soft tissues, or any intraoral impression which would lead to the
36 fabrication of a final prosthetic appliance.
37 (2) Except for procedures described in subsections (g) and (h),
38 procedures delegated to a dental assistant may not include
39 procedures allocated under IC 25-13-1 to a licensed dental
40 hygienist.
41 (e) This chapter shall not prevent dental students from performing
42 dental operations under the supervision of competent instructors within
EH 1031—LS 6409/DI 153 9
1 the dental school or a university recognized by the board or in any
2 public clinic under the supervision of the authorized superintendent of
3 such clinic authorized under the authority and general direction of the
4 board of health or school board of any city or town in Indiana.
5 (f) Licensed pharmacists of this state may fill prescriptions of
6 licensed dentists of this state for any drug necessary in the practice of
7 dentistry.
8 (g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
9 completed a board approved curriculum may apply medicaments for
10 the control or prevention of dental caries under the direct supervision
11 of a licensed dentist. The curriculum must include instruction on the
12 following:
13 (1) Ethics and jurisprudence.
14 (2) Reasons for fluorides.
15 (3) Systemic fluoride.
16 (4) Topical fluoride.
17 (5) Fluoride application.
18 (6) Laboratory work on topical fluoride applications and patient
19 competency.
20 (h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
21 completed a board approved curriculum may polish the coronal surface
22 of teeth under the direct supervision of a licensed dentist. The
23 curriculum must include instruction on the following:
24 (1) Ethics and jurisprudence.
25 (2) Plaque and materia alba.
26 (3) Intrinsic and extrinsic stain.
27 (4) Abrasive agents.
28 (5) Use of a slow speed hand piece, prophy cup, and occlusal
29 polishing brush.
30 (6) Theory of selective polishing.
31 (7) Laboratory work concerning slow speed hand piece, hand
32 dexterity, and patient competency.
33 SECTION 9. IC 25-14-2-2 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. Except as otherwise
35 provided in section 5 of this chapter, a dentist shall see that each
36 denture he the dentist delivers to a patient in Indiana is marked in the
37 manner prescribed in this chapter if the denture has been fabricated by
38 the dentist or under a work order issued by him. the dentist.
39 SECTION 10. IC 25-14-2-3 IS AMENDED TO READ AS
40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. Except as otherwise
41 provided in section 5 of this chapter, a dentist shall see that each partial
42 denture he the dentist delivers to a patient in Indiana is marked in the
EH 1031—LS 6409/DI 153 10
1 manner prescribed in this chapter if the partial denture has been
2 fabricated, rebased, or duplicated by the dentist or pursuant to a work
3 order issued by him. the dentist.
EH 1031—LS 6409/DI 153 11
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Health, to which was
referred House Bill 1031, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 6, line 40, strike "pictures" and insert "images".
Page 8, line 27, delete "pictures" and insert "images".
and when so amended that said bill do pass.
(Reference is to HB 1031 as introduced.)
BARRETT
Committee Vote: yeas 11, nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1031, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill do pass.
(Reference is to HB 1031 as printed January 21, 2025.)
THOMPSON
Committee Vote: Yeas 24, Nays 0
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Health and Provider
Services, to which was referred House Bill No. 1031, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 10, delete lines 4 through 42.
Delete pages 11 through 34.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
EH 1031—LS 6409/DI 153 12
(Reference is to HB 1031 as printed January 30, 2025.)
CHARBONNEAU, Chairperson
Committee Vote: Yeas 11, Nays 0.
EH 1031—LS 6409/DI 153