Indiana Administrative Code › Title 844 - MEDICAL LICENSING BOARD OF INDIANA › Article 5 - STANDARDS OF PROFESSIONAL CONDUCT AND COMPETENT PRACTICE OF MEDICINE › Rule 2 - Standards of Professional Conduct › Section 2-13 - Advertising

Current through July 10, 2024
Authority: IC
				  25-22.5-2-7
Affected: IC
				  25-1-9; IC
				  25-22.5-1
Sec. 13.
(a) A
				practitioner shall not, on behalf of himself/herself, a partner, associate,
				shareholder in a professional corporation, or any other practitioner or
				specific health care provider affiliated with the practitioner, use, or
				participate in the use of, any form of public communication containing a false,
				fraudulent, misleading, deceptive, or unfair statement or claim.
(b) Subject to the requirements of subsection
				(a), and in order to facilitate the process of informed selection of a
				practitioner by the public, a practitioner may advertise services through the
				public media including, but not limited to, a telephone directory, physicians'
				or osteopaths' directory, newspaper or other periodical, radio or television,
				or through written communication not involving personal contact, provided that
				the advertisement is dignified and confines itself to the existence, scope,
				nature, and field of practice of the practitioner.
(c) If the advertisement is communicated to
				the public by radio, cable, or television, it shall be prerecorded, approved
				for broadcast by the practitioner, and a recording and transcript of the actual
				transmission shall be retained by the practitioner for a period of five (5)
				years from the last date of broadcast.
(d) If a practitioner advertises a fee for a
				service, treatment, consultation, examination, radiographic study, or other
				procedure, the practitioner must render that service or procedure for no more
				than the fee advertised.
(e) Unless
				otherwise specified in the advertisement, if a practitioner publishes or
				communicates any fee information in a publication that is published more
				frequently than one (1) time per month, the practitioner shall be bound by any
				representation made therein for a period of thirty (30) days after the
				publication date. If a practitioner publishes or communicates any fee
				information in a publication that is published once a month or less frequently,
				the practitioner shall be bound by any representation made therein until the
				publication of the succeeding issue. If a practitioner publishes or
				communicates any fee information in a publication which has no fixed date for
				publication of a succeeding issue, the practitioner shall be bound by any
				representation made therein for one (1) year.
(f) Unless otherwise specified, if a
				practitioner broadcasts any fee information by radio, cable, or television, the
				practitioner shall be bound by any representation made therein for a period of
				ninety (90) days after such broadcast.
(g) Except as otherwise specified in this
				article, a practitioner shall not contact or solicit individual members of the
				public personally or through an agent in order to offer services to such person
				or persons unless that individual initiated contact with the practitioner for
				the purpose of engaging that practitioner's professional services.