Affected: IC 25-1-9; IC 25-22.5-1
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.
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.