Indiana 2025 Regular Session

Indiana House Bill HB1031 Compare Versions

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1+*EH1031.1*
2+March 28, 2025
3+ENGROSSED
4+HOUSE BILL No. 1031
5+_____
6+DIGEST OF HB 1031 (Updated March 26, 2025 4:02 pm - DI 104)
7+Citations Affected: IC 25-14.
8+Synopsis: Dental matters. Specifies the persons that may file an action
9+to obtain an injunction against an individual practicing dentistry
10+without a license and the action that is required or allowed to be
11+included in an injunction. Specifies information that a dentist who
12+maintains a dental office must submit to the state board of dentistry.
13+States that language concerning the administration of dental anesthetics
14+may not be construed to prohibit a physician from practicing in a dental
15+office. Allows a dentist to delegate the authority to take x-ray images
16+to a dental assistant working in certain correctional facilities without
17+direct supervision as long as the dentist is available to supervise the
18+dental assistant remotely. Removes certain language regarding the
19+regulation of dentists.
20+Effective: July 1, 2025.
21+Goss-Reaves, Carbaugh, McGuire,
22+Ledbetter
23+(SENATE SPONSORS — BROWN L, BECKER)
24+January 8, 2025, read first time and referred to Committee on Public Health.
25+January 21, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
26+Means pursuant to Rule 126.3.
27+January 30, 2025, reported — Do Pass.
28+February 3, 2025, read second time, ordered engrossed.
29+February 4, 2025, engrossed. Read third time, passed. Yeas 92, nays 0.
30+SENATE ACTION
31+February 18, 2025, read first time and referred to Committee on Health and Provider
32+Services.
33+March 27, 2025, amended, reported favorably — Do Pass.
34+EH 1031—LS 6409/DI 153 March 28, 2025
135 First Regular Session of the 124th General Assembly (2025)
236 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
337 Constitution) is being amended, the text of the existing provision will appear in this style type,
438 additions will appear in this style type, and deletions will appear in this style type.
539 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
640 provision adopted), the text of the new provision will appear in this style type. Also, the
741 word NEW will appear in that style type in the introductory clause of each SECTION that adds
842 a new provision to the Indiana Code or the Indiana Constitution.
943 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1044 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1031
12-AN ACT to amend the Indiana Code concerning professions and
13-occupations.
45+ENGROSSED
46+HOUSE BILL No. 1031
47+A BILL FOR AN ACT to amend the Indiana Code concerning
48+professions and occupations.
1449 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 25-14-1-2, AS AMENDED BY P.L.249-2019,
16-SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]: Sec. 2. (a) The state board of dentistry is established
18-and consists of:
19-(1) nine (9) practicing dentists licensed under IC 25-14 who must
20-have been in practice in Indiana for not less than the five (5)
21-years;
22-(2) one (1) practicing dental hygienist who:
23-(A) has been practicing in Indiana as a dental hygienist
24-(i) in 2011 and 2012, for at least three (3) years; and
25-(ii) after 2012, for at least five (5) years; and
26-(B) is licensed under IC 25-13-1; and
27-(3) one (1) member to represent the general public who must be
28-a resident to this state and in no way associated with the
29-profession of dentistry other than as a consumer.
30-(b) All eleven (11) members of the board appointed before July 1,
31-2019, shall be appointed by the governor for a term of three (3) years
32-each.
33-(c) (b) All eleven (11) members of the board appointed after June
34-30, 2019, shall be appointed under IC 25-1-6.5.
35-(d) (c) A member of the board may be removed under IC 25-1-6.5-4.
36-HEA 1031 — Concur 2
37-(e) (d) The appointment of the dentist members shall be made in a
38-manner that, at all times, each dentist member on the board represents
39-and is a resident of one (1) of nine (9) examiner districts set forth in
40-this subsection. Each dentist member shall be chiefly responsible in the
41-performance of his or her duties with regard to the district from which
42-he or she is appointed. The nine (9) dentist members' districts consist
43-of the following counties:
44-(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,
45-Morgan, Johnson, and Shelby.
46-(2) District 2. Lake, Porter, LaPorte, and Jasper.
47-(3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,
48-and Fulton.
49-(4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,
50-Huntington, Wells, DeKalb, and Adams.
51-(5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,
52-Vanderburgh, Warrick, Spencer, and Perry.
53-(6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,
54-Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and
55-Clinton.
56-(7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone,
57-Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.
58-(8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
59-Fayette, Union, Henry, and Wayne.
60-(9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin,
61-Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange,
62-Washington, Scott, Jefferson, Switzerland, Ohio, Crawford,
63-Harrison, Floyd, and Clark.
64-(f) (e) The board may issue licenses to applicants who pass an
65-examination administered by an entity that has been approved by the
66-board.
67-SECTION 2. IC 25-14-1-12, AS AMENDED BY P.L.103-2011,
68-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69-JULY 1, 2025]: Sec. 12. (a) The board shall hold not less than two (2)
70-regular meetings in each year at such place as may be fixed by the
71-board and as often in addition as may be necessary for the transaction
72-of such business as may properly come under the provisions of this
73-chapter, and it shall have power to make all necessary rules in
74-accordance with this chapter. Additional meetings may be called at any
75-time by the president or any six (6) members of the board to be held at
76-such time and place as may be designated in the call. Six (6) members
77-of the board constitute a quorum. A majority of the quorum may
78-transact business. The board shall elect a president and a secretary. For
79-HEA 1031 — Concur 3
80-their services, the members shall receive per diem and travel expenses
81-as otherwise provided by law.
82-(b) It shall be the duty of the board through the agency to keep a
83-record of all applications for licenses for a period of time designated by
84-the board, subject to the final approval of the oversight committee on
85-public records under IC 5-15-5.1-19. Such records shall contain all the
86-facts set forth in the application, including the action of the board. The
87-agency shall carry out the administrative functions of the board and
88-shall provide necessary personnel to enable the board to properly carry
89-out and enforce this chapter.
90-(c) The board may affiliate with the American Association of Dental
91-Boards as an active member thereof and may pay the regular annual
92-dues of the association American Association of Dental Boards out
93-of any available funds of the board, which are obtained by examination
94-fees or registration renewal fees as provided by law. However, the
95-affiliation with the American Association of Dental Boards shall not
96-impair, restrict, enlarge, or modify any of the rights, powers, duties, or
97-functions of the board as prescribed by the laws of this state. The board
98-may designate one (1) of its members as a delegate of any meeting of
99-the association, American Association of Dental Boards, and such
100-delegate member shall receive the regular per diem paid to members
101-of the board for their services on the board and the member's necessary
102-expenses while traveling to and from and attending such meetings.
103-SECTION 3. IC 25-14-1-14 IS AMENDED TO READ AS
104-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. The attorney
105-general, prosecuting attorney, the state board of dentistry, or any citizen
106-of any county where any person shall engage in the practice of
107-dentistry, as herein defined, without possessing a valid license so to do,
108-may, in accordance with the laws of the state of Indiana governing
109-injunctions, maintain an action in the name of the state of Indiana to
110-enjoin such person from engaging in the practice of dentistry, as herein
111-defined, until a valid license to practice dentistry be secured. And any
112-person who has been so enjoined who shall violate such injunction
113-shall be punished for contempt of court: Provided, That such injunction
114-shall not relieve such person so practicing dentistry without a valid
115-license from a criminal prosecution therefor as is now provided by law,
116-but such remedy by injunction shall be in addition to any remedy now
117-provided for the criminal prosecution of such offender. In charging any
118-person in a complaint for injunction, or in an affidavit, information or
119-indictment, with a violation of this law by practicing dentistry without
120-a valid license, it shall be sufficient to charge that such person did,
121-upon a certain day and in a certain county, engage in the practice of
122-HEA 1031 — Concur 4
123-dentistry, he not having a valid license so to do, without averring any
124-further or more particular facts concerning the same.
125-(a) The following may bring an action to obtain an injunction
126-against a person who violates section 1 of this chapter:
127-(1) The attorney general.
128-(2) The prosecuting attorney exercising jurisdiction in the
129-county where the unlicensed practice occurs.
130-(3) The board.
131-(4) A resident of the county where the unlicensed practice
132-occurs.
133-(b) An injunction issued under this section:
134-(1) shall prohibit the defendant from engaging in the practice
135-of dentistry until the defendant secures a valid license to
136-practice dentistry; and
137-(2) may impose other requirements that are reasonably
138-necessary to protect the public.
139-(c) An injunction issued under this section does not limit other
140-criminal remedies that may be available.
141-SECTION 4. IC 25-14-1-16, AS AMENDED BY P.L.103-2011,
142-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143-JULY 1, 2025]: Sec. 16. (a) An applicant under this article must submit
144-to the board proof satisfactory to the board that the applicant has not
145-been convicted of a crime that has a direct bearing on the applicant's
146-ability to practice competently.
147-(b) The board may issue a license upon payment of a fee, set by the
148-board under section 13 of this chapter, to an applicant who furnishes
149-proof satisfactory to the board that the applicant is a dentist who:
150-(1) is licensed in another state or a province of Canada that has
151-licensing requirements substantially equal to those in effect in
152-Indiana on the date of application;
153-(2) has practiced dentistry for at least two (2) of the three (3)
154-years preceding the date of application;
155-(3) passes the law examination administered by the board or an
156-entity approved by the board;
157-(4) has completed the required hours of continuing education in
158-the previous two (2) years; and
159-(5) meets all other requirements of this chapter.
160-(c) The board shall have power to adopt rules under section 13 of
161-this chapter for licensure by endorsement.
162-(d) An applicant shall, at the request of the board, make an
163-appearance before the board.
164-SECTION 5. IC 25-14-1-17 IS AMENDED TO READ AS
165-HEA 1031 — Concur 5
166-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. A person practicing
167-dentistry, upon written demand made by the secretary of the state board
168-of dentistry, shall not fail to furnish in writing, within twenty (20) days
169-after such demand, the name and address of each person practicing or
170-assisting in the practice of dentistry in the office of said person,
171-together with a sworn statement showing by what authority or license
172-such person or persons are practicing dentistry and in what capacity
173-nonlicensed persons are assisting in practice; said list of names and
174-addresses shall include all persons who have been thus employed
175-within the sixty (60) days next preceding such demand; however, such
176-affidavit may not be used as evidence against either said person or
177-persons so reported in any proceeding under this chapter.
178-(a) This section applies to a dentist who maintains a dental
179-office.
180-(b) Not later than twenty (20) days from receipt of a request
181-from the board, a dentist shall provide the following information
182-to the board:
183-(1) The name, address, and license number of each person
184-practicing dentistry in the dental office within the preceding
185-sixty (60) days.
186-(2) The name, address, and license number of each licensed
187-person assisting in the practice of dentistry in the dental office
188-within the preceding sixty (60) days.
189-(3) The name, address, and job description of each unlicensed
190-person assisting in the practice of dentistry in the dental office
191-within the preceding sixty (60) days.
192-SECTION 6. IC 25-14-1-18 IS AMENDED TO READ AS
193-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. A practitioner of
194-dentistry dentist shall not fail to post, and keep conspicuously
195-displayed, his the dentist's name and license in the dental office
196-wherein he the dentist practices, in plain sight of his the dentist's
197-patients. If there are more dentists than one (1) practicing or employed
198-in any dental office, the manager or proprietor of the office shall not
199-fail to post and display the name and license of each dentist so
200-practicing and so employed therein.
201-SECTION 7. IC 25-14-1-21 IS AMENDED TO READ AS
202-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. It shall be the duty
203-of the attorney general to represent the state board of dentistry in any
204-court in which an action may be filed for the review of an order of the
205-board as provided for in section 20 of this chapter. The attorney general
206-may, at his the attorney general's discretion, call to his the attorney
207-general's assistance in such action, the prosecuting attorney of the
208-HEA 1031 — Concur 6
209-county in which such action is filed. Also, the board, with the written
210-consent of the attorney general, shall have the right to employ, out of
211-its own funds, any other attorney or attorneys to assist the attorney
212-general in any such action.
213-SECTION 8. IC 25-14-1-23, AS AMENDED BY P.L.31-2021,
214-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
215-JULY 1, 2025]: Sec. 23. (a) A person is practicing dentistry within the
216-meaning of this chapter if the person does any of the following:
217-(1) Uses the word "dentist" or "dental surgeon", the letters
218-"D.D.S." or "D.M.D.", or other letters or titles in connection with
219-dentistry.
220-(2) Directs and controls the treatment of patients within a place
221-where dental services are performed.
222-(3) Advertises or permits to be advertised by sign, card, circular,
223-handbill, newspaper, radio, or otherwise that the person can or
224-will attempt to perform dental operations of any kind.
225-(4) Offers to evaluate, diagnose, prevent, or treat:
226-(A) diseases, disorders, and conditions of the oral cavity and
227-maxillofacial area;
228-(B) diseases, disorders, and conditions of the associated and
229-adjacent structures of the oral cavity and maxillofacial area if:
230-(i) the dentist is providing emergency care; or
231-(ii) the dentist has completed postgraduate training and
232-certification in oral and maxillofacial surgery from a
233-program certified by the Commission on Dental
234-Accreditation; and
235-(C) the effects of such diseases, disorders, and conditions on
236-the human body;
237-using nonsurgical, surgical, or related procedures.
238-(5) Extracts human teeth or corrects malpositions of the teeth or
239-jaws.
240-(6) Except as provided in IC 25-13-1-10.5 and IC 25-13-1-10.6,
241-administers dental anesthetics. Nothing in this subdivision shall
242-be construed to prohibit a physician from practicing in a
243-dental office as permitted by IC 25-22.5-2-9.
244-(7) Uses x-ray pictures images for dental diagnostic purposes.
245-(8) Makes:
246-(A) oral images for the fabrication of a final restoration,
247-impression, or cast;
248-(B) impressions; or
249-(C) casts of any oral tissues or structures;
250-for the purpose of diagnosis or treatment thereof or for the
251-HEA 1031 — Concur 7
252-construction, repair, reproduction, or duplication of any prosthetic
253-device to alleviate or cure any oral lesion or replace any lost oral
254-structures, tissue, or teeth.
255-(9) Advertises to the public by any method, except trade and
256-professional publications, to furnish, supply, construct, reproduce,
257-repair, or adjust any prosthetic denture, bridge, appliance, or other
258-structure to be worn in the human mouth.
259-(10) Is the employer of a dentist who is hired to provide dental
260-services.
261-(11) Directs or controls the use of dental equipment or dental
262-material while the equipment or material is being used to provide
263-dental services. However, a person may lease or provide advice
264-or assistance concerning dental equipment or dental material if
265-the person does not restrict or interfere with the custody, control,
266-or use of the equipment or material by the dentist. This
267-subdivision does not prevent a dental hygienist who is licensed
268-under IC 25-13 from owning dental equipment or dental materials
269-within the dental hygienist's scope of practice.
270-(12) Directs, controls, or interferes with a dentist's clinical
271-judgment.
272-(13) Exercises direction or control over a dentist through a written
273-contract concerning the following areas of dental practice:
274-(A) The selection of a patient's course of treatment.
275-(B) Referrals of patients, except for requiring referrals to be
276-within a specified provider network, subject to the exceptions
277-under IC 27-13-36-5.
278-(C) Content of patient records.
279-(D) Policies and decisions relating to refunds, if the refund
280-payment would be reportable under federal law to the National
281-Practitioner Data Bank, and warranties.
282-(E) The clinical content of advertising.
283-(F) Final decisions relating to the employment of dental office
284-personnel.
285-However, this subdivision does not prohibit a person from
286-providing advice or assistance concerning the areas of dental
287-practice referred to in this subdivision or an insurer (as defined in
288-IC 27-1-26-1) from carrying out the applicable provisions of
289-IC 27 under which the insurer is licensed.
290-However, a person does not have to be a dentist to be a manufacturer
291-of dental prostheses.
292-(b) In addition to subsection (a), a person is practicing dentistry who
293-directly or indirectly by any means or method furnishes, supplies,
294-HEA 1031 — Concur 8
295-constructs, reproduces, repairs, or adjusts any prosthetic denture,
296-bridge, appliance, or any other structure to be worn in the human
297-mouth and delivers the resulting product to any person other than the
298-duly licensed dentist upon whose written work authorization the work
299-was performed. A written work authorization shall include the
300-following:
301-(1) The name and address of the dental laboratory to which it is
302-directed.
303-(2) The case identification.
304-(3) A specification of the materials to be used.
305-(4) A description of the work to be done and, if necessary,
306-diagrams thereof.
307-(5) The date of issuance of the authorization.
308-(6) The signature and address of the licensed dentist or other
309-dental practitioner by whom the work authorization is issued.
310-A separate work authorization shall be issued for each patient of the
311-issuing licensed dentist or other dental practitioner for whom dental
312-technological work is to be performed.
313-(c) This section shall not apply to those procedures which a legally
314-licensed and practicing dentist may delegate to a dental assistant as to
315-which procedures the dentist exercises direct supervision and
316-responsibility. However, a dentist may, without providing direct
317-supervision, delegate the authority to take x-ray images to a dental
318-assistant working in a state owned or operated correctional facility
319-administered and supervised by the department of corrections
320-under IC 11-8-2-5(a)(2), so long as the dentist is available to
321-supervise the dental assistant remotely.
322-(d) Procedures delegated by a dentist may not include the following:
323-(1) Those procedures which require professional judgment and
324-skill such as diagnosis, treatment planning, the cutting of hard or
325-soft tissues, or any intraoral impression which would lead to the
326-fabrication of a final prosthetic appliance.
327-(2) Except for procedures described in subsections (g) and (h),
328-procedures delegated to a dental assistant may not include
329-procedures allocated under IC 25-13-1 to a licensed dental
330-hygienist.
331-(e) This chapter shall not prevent dental students from performing
332-dental operations under the supervision of competent instructors within
333-the dental school or a university recognized by the board or in any
334-public clinic under the supervision of the authorized superintendent of
335-such clinic authorized under the authority and general direction of the
336-board of health or school board of any city or town in Indiana.
337-HEA 1031 — Concur 9
338-(f) Licensed pharmacists of this state may fill prescriptions of
339-licensed dentists of this state for any drug necessary in the practice of
340-dentistry.
341-(g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
342-completed a board approved curriculum may apply medicaments for
343-the control or prevention of dental caries under the direct supervision
344-of a licensed dentist. The curriculum must include instruction on the
345-following:
346-(1) Ethics and jurisprudence.
347-(2) Reasons for fluorides.
348-(3) Systemic fluoride.
349-(4) Topical fluoride.
350-(5) Fluoride application.
351-(6) Laboratory work on topical fluoride applications and patient
352-competency.
353-(h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
354-completed a board approved curriculum may polish the coronal surface
355-of teeth under the direct supervision of a licensed dentist. The
356-curriculum must include instruction on the following:
357-(1) Ethics and jurisprudence.
358-(2) Plaque and materia alba.
359-(3) Intrinsic and extrinsic stain.
360-(4) Abrasive agents.
361-(5) Use of a slow speed hand piece, prophy cup, and occlusal
362-polishing brush.
363-(6) Theory of selective polishing.
364-(7) Laboratory work concerning slow speed hand piece, hand
365-dexterity, and patient competency.
366-SECTION 9. IC 25-14-2-2 IS AMENDED TO READ AS
367-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. Except as otherwise
368-provided in section 5 of this chapter, a dentist shall see that each
369-denture he the dentist delivers to a patient in Indiana is marked in the
370-manner prescribed in this chapter if the denture has been fabricated by
371-the dentist or under a work order issued by him. the dentist.
372-SECTION 10. IC 25-14-2-3 IS AMENDED TO READ AS
373-FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. Except as otherwise
374-provided in section 5 of this chapter, a dentist shall see that each partial
375-denture he the dentist delivers to a patient in Indiana is marked in the
376-manner prescribed in this chapter if the partial denture has been
377-fabricated, rebased, or duplicated by the dentist or pursuant to a work
378-order issued by him. the dentist.
379-HEA 1031 — Concur Speaker of the House of Representatives
380-President of the Senate
381-President Pro Tempore
382-Governor of the State of Indiana
383-Date: Time:
384-HEA 1031 — Concur
50+1 SECTION 1. IC 25-14-1-2, AS AMENDED BY P.L.249-2019,
51+2 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52+3 JULY 1, 2025]: Sec. 2. (a) The state board of dentistry is established
53+4 and consists of:
54+5 (1) nine (9) practicing dentists licensed under IC 25-14 who must
55+6 have been in practice in Indiana for not less than the five (5)
56+7 years;
57+8 (2) one (1) practicing dental hygienist who:
58+9 (A) has been practicing in Indiana as a dental hygienist
59+10 (i) in 2011 and 2012, for at least three (3) years; and
60+11 (ii) after 2012, for at least five (5) years; and
61+12 (B) is licensed under IC 25-13-1; and
62+13 (3) one (1) member to represent the general public who must be
63+14 a resident to this state and in no way associated with the
64+15 profession of dentistry other than as a consumer.
65+16 (b) All eleven (11) members of the board appointed before July 1,
66+17 2019, shall be appointed by the governor for a term of three (3) years
67+EH 1031—LS 6409/DI 153 2
68+1 each.
69+2 (c) (b) All eleven (11) members of the board appointed after June
70+3 30, 2019, shall be appointed under IC 25-1-6.5.
71+4 (d) (c) A member of the board may be removed under IC 25-1-6.5-4.
72+5 (e) (d) The appointment of the dentist members shall be made in a
73+6 manner that, at all times, each dentist member on the board represents
74+7 and is a resident of one (1) of nine (9) examiner districts set forth in
75+8 this subsection. Each dentist member shall be chiefly responsible in the
76+9 performance of his or her duties with regard to the district from which
77+10 he or she is appointed. The nine (9) dentist members' districts consist
78+11 of the following counties:
79+12 (1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,
80+13 Morgan, Johnson, and Shelby.
81+14 (2) District 2. Lake, Porter, LaPorte, and Jasper.
82+15 (3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,
83+16 and Fulton.
84+17 (4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,
85+18 Huntington, Wells, DeKalb, and Adams.
86+19 (5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,
87+20 Vanderburgh, Warrick, Spencer, and Perry.
88+21 (6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,
89+22 Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, and
90+23 Clinton.
91+24 (7) District 7. Vermillion, Parke, Fountain, Montgomery, Boone,
92+25 Putnam, Vigo, Clay, Sullivan, Owen, Greene, and Martin.
93+26 (8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
94+27 Fayette, Union, Henry, and Wayne.
95+28 (9) District 9. Monroe, Brown, Bartholomew, Decatur, Franklin,
96+29 Lawrence, Jackson, Jennings, Ripley, Dearborn, Orange,
97+30 Washington, Scott, Jefferson, Switzerland, Ohio, Crawford,
98+31 Harrison, Floyd, and Clark.
99+32 (f) (e) The board may issue licenses to applicants who pass an
100+33 examination administered by an entity that has been approved by the
101+34 board.
102+35 SECTION 2. IC 25-14-1-12, AS AMENDED BY P.L.103-2011,
103+36 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104+37 JULY 1, 2025]: Sec. 12. (a) The board shall hold not less than two (2)
105+38 regular meetings in each year at such place as may be fixed by the
106+39 board and as often in addition as may be necessary for the transaction
107+40 of such business as may properly come under the provisions of this
108+41 chapter, and it shall have power to make all necessary rules in
109+42 accordance with this chapter. Additional meetings may be called at any
110+EH 1031—LS 6409/DI 153 3
111+1 time by the president or any six (6) members of the board to be held at
112+2 such time and place as may be designated in the call. Six (6) members
113+3 of the board constitute a quorum. A majority of the quorum may
114+4 transact business. The board shall elect a president and a secretary. For
115+5 their services, the members shall receive per diem and travel expenses
116+6 as otherwise provided by law.
117+7 (b) It shall be the duty of the board through the agency to keep a
118+8 record of all applications for licenses for a period of time designated by
119+9 the board, subject to the final approval of the oversight committee on
120+10 public records under IC 5-15-5.1-19. Such records shall contain all the
121+11 facts set forth in the application, including the action of the board. The
122+12 agency shall carry out the administrative functions of the board and
123+13 shall provide necessary personnel to enable the board to properly carry
124+14 out and enforce this chapter.
125+15 (c) The board may affiliate with the American Association of Dental
126+16 Boards as an active member thereof and may pay the regular annual
127+17 dues of the association American Association of Dental Boards out
128+18 of any available funds of the board, which are obtained by examination
129+19 fees or registration renewal fees as provided by law. However, the
130+20 affiliation with the American Association of Dental Boards shall not
131+21 impair, restrict, enlarge, or modify any of the rights, powers, duties, or
132+22 functions of the board as prescribed by the laws of this state. The board
133+23 may designate one (1) of its members as a delegate of any meeting of
134+24 the association, American Association of Dental Boards, and such
135+25 delegate member shall receive the regular per diem paid to members
136+26 of the board for their services on the board and the member's necessary
137+27 expenses while traveling to and from and attending such meetings.
138+28 SECTION 3. IC 25-14-1-14 IS AMENDED TO READ AS
139+29 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 14. The attorney
140+30 general, prosecuting attorney, the state board of dentistry, or any citizen
141+31 of any county where any person shall engage in the practice of
142+32 dentistry, as herein defined, without possessing a valid license so to do,
143+33 may, in accordance with the laws of the state of Indiana governing
144+34 injunctions, maintain an action in the name of the state of Indiana to
145+35 enjoin such person from engaging in the practice of dentistry, as herein
146+36 defined, until a valid license to practice dentistry be secured. And any
147+37 person who has been so enjoined who shall violate such injunction
148+38 shall be punished for contempt of court: Provided, That such injunction
149+39 shall not relieve such person so practicing dentistry without a valid
150+40 license from a criminal prosecution therefor as is now provided by law,
151+41 but such remedy by injunction shall be in addition to any remedy now
152+42 provided for the criminal prosecution of such offender. In charging any
153+EH 1031—LS 6409/DI 153 4
154+1 person in a complaint for injunction, or in an affidavit, information or
155+2 indictment, with a violation of this law by practicing dentistry without
156+3 a valid license, it shall be sufficient to charge that such person did,
157+4 upon a certain day and in a certain county, engage in the practice of
158+5 dentistry, he not having a valid license so to do, without averring any
159+6 further or more particular facts concerning the same.
160+7 (a) The following may bring an action to obtain an injunction
161+8 against a person who violates section 1 of this chapter:
162+9 (1) The attorney general.
163+10 (2) The prosecuting attorney exercising jurisdiction in the
164+11 county where the unlicensed practice occurs.
165+12 (3) The board.
166+13 (4) A resident of the county where the unlicensed practice
167+14 occurs.
168+15 (b) An injunction issued under this section:
169+16 (1) shall prohibit the defendant from engaging in the practice
170+17 of dentistry until the defendant secures a valid license to
171+18 practice dentistry; and
172+19 (2) may impose other requirements that are reasonably
173+20 necessary to protect the public.
174+21 (c) An injunction issued under this section does not limit other
175+22 criminal remedies that may be available.
176+23 SECTION 4. IC 25-14-1-16, AS AMENDED BY P.L.103-2011,
177+24 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178+25 JULY 1, 2025]: Sec. 16. (a) An applicant under this article must submit
179+26 to the board proof satisfactory to the board that the applicant has not
180+27 been convicted of a crime that has a direct bearing on the applicant's
181+28 ability to practice competently.
182+29 (b) The board may issue a license upon payment of a fee, set by the
183+30 board under section 13 of this chapter, to an applicant who furnishes
184+31 proof satisfactory to the board that the applicant is a dentist who:
185+32 (1) is licensed in another state or a province of Canada that has
186+33 licensing requirements substantially equal to those in effect in
187+34 Indiana on the date of application;
188+35 (2) has practiced dentistry for at least two (2) of the three (3)
189+36 years preceding the date of application;
190+37 (3) passes the law examination administered by the board or an
191+38 entity approved by the board;
192+39 (4) has completed the required hours of continuing education in
193+40 the previous two (2) years; and
194+41 (5) meets all other requirements of this chapter.
195+42 (c) The board shall have power to adopt rules under section 13 of
196+EH 1031—LS 6409/DI 153 5
197+1 this chapter for licensure by endorsement.
198+2 (d) An applicant shall, at the request of the board, make an
199+3 appearance before the board.
200+4 SECTION 5. IC 25-14-1-17 IS AMENDED TO READ AS
201+5 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 17. A person practicing
202+6 dentistry, upon written demand made by the secretary of the state board
203+7 of dentistry, shall not fail to furnish in writing, within twenty (20) days
204+8 after such demand, the name and address of each person practicing or
205+9 assisting in the practice of dentistry in the office of said person,
206+10 together with a sworn statement showing by what authority or license
207+11 such person or persons are practicing dentistry and in what capacity
208+12 nonlicensed persons are assisting in practice; said list of names and
209+13 addresses shall include all persons who have been thus employed
210+14 within the sixty (60) days next preceding such demand; however, such
211+15 affidavit may not be used as evidence against either said person or
212+16 persons so reported in any proceeding under this chapter.
213+17 (a) This section applies to a dentist who maintains a dental
214+18 office.
215+19 (b) Not later than twenty (20) days from receipt of a request
216+20 from the board, a dentist shall provide the following information
217+21 to the board:
218+22 (1) The name, address, and license number of each person
219+23 practicing dentistry in the dental office within the preceding
220+24 sixty (60) days.
221+25 (2) The name, address, and license number of each licensed
222+26 person assisting in the practice of dentistry in the dental office
223+27 within the preceding sixty (60) days.
224+28 (3) The name, address, and job description of each unlicensed
225+29 person assisting in the practice of dentistry in the dental office
226+30 within the preceding sixty (60) days.
227+31 SECTION 6. IC 25-14-1-18 IS AMENDED TO READ AS
228+32 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 18. A practitioner of
229+33 dentistry dentist shall not fail to post, and keep conspicuously
230+34 displayed, his the dentist's name and license in the dental office
231+35 wherein he the dentist practices, in plain sight of his the dentist's
232+36 patients. If there are more dentists than one (1) practicing or employed
233+37 in any dental office, the manager or proprietor of the office shall not
234+38 fail to post and display the name and license of each dentist so
235+39 practicing and so employed therein.
236+40 SECTION 7. IC 25-14-1-21 IS AMENDED TO READ AS
237+41 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 21. It shall be the duty
238+42 of the attorney general to represent the state board of dentistry in any
239+EH 1031—LS 6409/DI 153 6
240+1 court in which an action may be filed for the review of an order of the
241+2 board as provided for in section 20 of this chapter. The attorney general
242+3 may, at his the attorney general's discretion, call to his the attorney
243+4 general's assistance in such action, the prosecuting attorney of the
244+5 county in which such action is filed. Also, the board, with the written
245+6 consent of the attorney general, shall have the right to employ, out of
246+7 its own funds, any other attorney or attorneys to assist the attorney
247+8 general in any such action.
248+9 SECTION 8. IC 25-14-1-23, AS AMENDED BY P.L.31-2021,
249+10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
250+11 JULY 1, 2025]: Sec. 23. (a) A person is practicing dentistry within the
251+12 meaning of this chapter if the person does any of the following:
252+13 (1) Uses the word "dentist" or "dental surgeon", the letters
253+14 "D.D.S." or "D.M.D.", or other letters or titles in connection with
254+15 dentistry.
255+16 (2) Directs and controls the treatment of patients within a place
256+17 where dental services are performed.
257+18 (3) Advertises or permits to be advertised by sign, card, circular,
258+19 handbill, newspaper, radio, or otherwise that the person can or
259+20 will attempt to perform dental operations of any kind.
260+21 (4) Offers to evaluate, diagnose, prevent, or treat:
261+22 (A) diseases, disorders, and conditions of the oral cavity and
262+23 maxillofacial area;
263+24 (B) diseases, disorders, and conditions of the associated and
264+25 adjacent structures of the oral cavity and maxillofacial area if:
265+26 (i) the dentist is providing emergency care; or
266+27 (ii) the dentist has completed postgraduate training and
267+28 certification in oral and maxillofacial surgery from a
268+29 program certified by the Commission on Dental
269+30 Accreditation; and
270+31 (C) the effects of such diseases, disorders, and conditions on
271+32 the human body;
272+33 using nonsurgical, surgical, or related procedures.
273+34 (5) Extracts human teeth or corrects malpositions of the teeth or
274+35 jaws.
275+36 (6) Except as provided in IC 25-13-1-10.5 and IC 25-13-1-10.6,
276+37 administers dental anesthetics. Nothing in this subdivision shall
277+38 be construed to prohibit a physician from practicing in a
278+39 dental office as permitted by IC 25-22.5-2-9.
279+40 (7) Uses x-ray pictures images for dental diagnostic purposes.
280+41 (8) Makes:
281+42 (A) oral images for the fabrication of a final restoration,
282+EH 1031—LS 6409/DI 153 7
283+1 impression, or cast;
284+2 (B) impressions; or
285+3 (C) casts of any oral tissues or structures;
286+4 for the purpose of diagnosis or treatment thereof or for the
287+5 construction, repair, reproduction, or duplication of any prosthetic
288+6 device to alleviate or cure any oral lesion or replace any lost oral
289+7 structures, tissue, or teeth.
290+8 (9) Advertises to the public by any method, except trade and
291+9 professional publications, to furnish, supply, construct, reproduce,
292+10 repair, or adjust any prosthetic denture, bridge, appliance, or other
293+11 structure to be worn in the human mouth.
294+12 (10) Is the employer of a dentist who is hired to provide dental
295+13 services.
296+14 (11) Directs or controls the use of dental equipment or dental
297+15 material while the equipment or material is being used to provide
298+16 dental services. However, a person may lease or provide advice
299+17 or assistance concerning dental equipment or dental material if
300+18 the person does not restrict or interfere with the custody, control,
301+19 or use of the equipment or material by the dentist. This
302+20 subdivision does not prevent a dental hygienist who is licensed
303+21 under IC 25-13 from owning dental equipment or dental materials
304+22 within the dental hygienist's scope of practice.
305+23 (12) Directs, controls, or interferes with a dentist's clinical
306+24 judgment.
307+25 (13) Exercises direction or control over a dentist through a written
308+26 contract concerning the following areas of dental practice:
309+27 (A) The selection of a patient's course of treatment.
310+28 (B) Referrals of patients, except for requiring referrals to be
311+29 within a specified provider network, subject to the exceptions
312+30 under IC 27-13-36-5.
313+31 (C) Content of patient records.
314+32 (D) Policies and decisions relating to refunds, if the refund
315+33 payment would be reportable under federal law to the National
316+34 Practitioner Data Bank, and warranties.
317+35 (E) The clinical content of advertising.
318+36 (F) Final decisions relating to the employment of dental office
319+37 personnel.
320+38 However, this subdivision does not prohibit a person from
321+39 providing advice or assistance concerning the areas of dental
322+40 practice referred to in this subdivision or an insurer (as defined in
323+41 IC 27-1-26-1) from carrying out the applicable provisions of
324+42 IC 27 under which the insurer is licensed.
325+EH 1031—LS 6409/DI 153 8
326+1 However, a person does not have to be a dentist to be a manufacturer
327+2 of dental prostheses.
328+3 (b) In addition to subsection (a), a person is practicing dentistry who
329+4 directly or indirectly by any means or method furnishes, supplies,
330+5 constructs, reproduces, repairs, or adjusts any prosthetic denture,
331+6 bridge, appliance, or any other structure to be worn in the human
332+7 mouth and delivers the resulting product to any person other than the
333+8 duly licensed dentist upon whose written work authorization the work
334+9 was performed. A written work authorization shall include the
335+10 following:
336+11 (1) The name and address of the dental laboratory to which it is
337+12 directed.
338+13 (2) The case identification.
339+14 (3) A specification of the materials to be used.
340+15 (4) A description of the work to be done and, if necessary,
341+16 diagrams thereof.
342+17 (5) The date of issuance of the authorization.
343+18 (6) The signature and address of the licensed dentist or other
344+19 dental practitioner by whom the work authorization is issued.
345+20 A separate work authorization shall be issued for each patient of the
346+21 issuing licensed dentist or other dental practitioner for whom dental
347+22 technological work is to be performed.
348+23 (c) This section shall not apply to those procedures which a legally
349+24 licensed and practicing dentist may delegate to a dental assistant as to
350+25 which procedures the dentist exercises direct supervision and
351+26 responsibility. However, a dentist may, without providing direct
352+27 supervision, delegate the authority to take x-ray images to a dental
353+28 assistant working in a state owned or operated correctional facility
354+29 administered and supervised by the department of corrections
355+30 under IC 11-8-2-5(a)(2), so long as the dentist is available to
356+31 supervise the dental assistant remotely.
357+32 (d) Procedures delegated by a dentist may not include the following:
358+33 (1) Those procedures which require professional judgment and
359+34 skill such as diagnosis, treatment planning, the cutting of hard or
360+35 soft tissues, or any intraoral impression which would lead to the
361+36 fabrication of a final prosthetic appliance.
362+37 (2) Except for procedures described in subsections (g) and (h),
363+38 procedures delegated to a dental assistant may not include
364+39 procedures allocated under IC 25-13-1 to a licensed dental
365+40 hygienist.
366+41 (e) This chapter shall not prevent dental students from performing
367+42 dental operations under the supervision of competent instructors within
368+EH 1031—LS 6409/DI 153 9
369+1 the dental school or a university recognized by the board or in any
370+2 public clinic under the supervision of the authorized superintendent of
371+3 such clinic authorized under the authority and general direction of the
372+4 board of health or school board of any city or town in Indiana.
373+5 (f) Licensed pharmacists of this state may fill prescriptions of
374+6 licensed dentists of this state for any drug necessary in the practice of
375+7 dentistry.
376+8 (g) Notwithstanding IC 25-13-1-11(4), a dental assistant who has
377+9 completed a board approved curriculum may apply medicaments for
378+10 the control or prevention of dental caries under the direct supervision
379+11 of a licensed dentist. The curriculum must include instruction on the
380+12 following:
381+13 (1) Ethics and jurisprudence.
382+14 (2) Reasons for fluorides.
383+15 (3) Systemic fluoride.
384+16 (4) Topical fluoride.
385+17 (5) Fluoride application.
386+18 (6) Laboratory work on topical fluoride applications and patient
387+19 competency.
388+20 (h) Notwithstanding IC 25-13-1-11(3), a dental assistant who has
389+21 completed a board approved curriculum may polish the coronal surface
390+22 of teeth under the direct supervision of a licensed dentist. The
391+23 curriculum must include instruction on the following:
392+24 (1) Ethics and jurisprudence.
393+25 (2) Plaque and materia alba.
394+26 (3) Intrinsic and extrinsic stain.
395+27 (4) Abrasive agents.
396+28 (5) Use of a slow speed hand piece, prophy cup, and occlusal
397+29 polishing brush.
398+30 (6) Theory of selective polishing.
399+31 (7) Laboratory work concerning slow speed hand piece, hand
400+32 dexterity, and patient competency.
401+33 SECTION 9. IC 25-14-2-2 IS AMENDED TO READ AS
402+34 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 2. Except as otherwise
403+35 provided in section 5 of this chapter, a dentist shall see that each
404+36 denture he the dentist delivers to a patient in Indiana is marked in the
405+37 manner prescribed in this chapter if the denture has been fabricated by
406+38 the dentist or under a work order issued by him. the dentist.
407+39 SECTION 10. IC 25-14-2-3 IS AMENDED TO READ AS
408+40 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. Except as otherwise
409+41 provided in section 5 of this chapter, a dentist shall see that each partial
410+42 denture he the dentist delivers to a patient in Indiana is marked in the
411+EH 1031—LS 6409/DI 153 10
412+1 manner prescribed in this chapter if the partial denture has been
413+2 fabricated, rebased, or duplicated by the dentist or pursuant to a work
414+3 order issued by him. the dentist.
415+EH 1031—LS 6409/DI 153 11
416+COMMITTEE REPORT
417+Mr. Speaker: Your Committee on Public Health, to which was
418+referred House Bill 1031, has had the same under consideration and
419+begs leave to report the same back to the House with the
420+recommendation that said bill be amended as follows:
421+Page 6, line 40, strike "pictures" and insert "images".
422+Page 8, line 27, delete "pictures" and insert "images".
423+and when so amended that said bill do pass.
424+(Reference is to HB 1031 as introduced.)
425+BARRETT
426+Committee Vote: yeas 11, nays 0.
427+_____
428+COMMITTEE REPORT
429+Mr. Speaker: Your Committee on Ways and Means, to which was
430+referred House Bill 1031, has had the same under consideration and
431+begs leave to report the same back to the House with the
432+recommendation that said bill do pass.
433+(Reference is to HB 1031 as printed January 21, 2025.)
434+THOMPSON
435+Committee Vote: Yeas 24, Nays 0
436+_____
437+COMMITTEE REPORT
438+Mr. President: The Senate Committee on Health and Provider
439+Services, to which was referred House Bill No. 1031, has had the same
440+under consideration and begs leave to report the same back to the
441+Senate with the recommendation that said bill be AMENDED as
442+follows:
443+Page 10, delete lines 4 through 42.
444+Delete pages 11 through 34.
445+Renumber all SECTIONS consecutively.
446+and when so amended that said bill do pass.
447+EH 1031—LS 6409/DI 153 12
448+(Reference is to HB 1031 as printed January 30, 2025.)
449+CHARBONNEAU, Chairperson
450+Committee Vote: Yeas 11, Nays 0.
451+EH 1031—LS 6409/DI 153