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