CHAPTER 4. REFERRAL SERVICES
IC 25-14-4
Chapter 4. Referral Services
IC 25-14-4-1
Application of chapter
Sec. 1. This chapter does not apply to:
(1) any individual, agency, association, or corporation not
organized or incorporated for pecuniary profit or financial gain;
(2) any organization or association that is exempt from taxation
under Section 501(c) of the Internal Revenue Code; or
(3) any policy issued under IC 27 or entity licensed or regulated
under IC 27, including the following:
(A) A health maintenance organization under IC 27-13.
(B) A claim review agent under IC 27-8-16.
(C) A utilization review agent under IC 27-8-17.
(D) A preferred provider arrangement under IC 27-8-11.
(E) An insurance administrator under IC 27-1-25.
As added by P.L.33-1993, SEC.23. Amended by P.L.26-1994, SEC.8.
IC 25-14-4-2
Disclosure that dentist paid referral fee for participation in service
Sec. 2. A person, firm, partnership, association or corporation, or
agent or employee that engages in for profit any business or service
that in whole or in part includes the referral or recommendation of
persons to a dentist for any form of dental care or treatment must
disclose to a prospective patient at the time the prospective patient
makes the contact with the service that the licensed dentist has paid
a fee for participation in the service.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-3
Out-of-state dental referrals to business not meeting chapter
requirements
Sec. 3. A dentist may not enter into a contract or other form of
agreement to accept for dental care or treatment a person referred or
recommended for the care or treatment by a dental referral service
business located in or doing business in another state if the dental
referral service business does not meet the requirements of this
chapter.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-4
Advertisements by dental referral services; necessary disclaimers
Sec. 4. A for-profit dental referral service that advertises must
include in each advertisement an audible or a written disclaimer
revealing that:
(1) Each subscribing member of the for-profit dental referral
service is a dentist who has paid a fee to participate in the
service.
(2) Dentists who are members of the for-profit dental referral
service are not more or less qualified than dentists who are not
members of the service.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-5
Advertisements; prohibited acts
Sec. 5. For-profit dental referral service advertisements may not
do any of the following:
(1) Misrepresent facts, be deceptive, or create false or
misleading impressions regarding the skills or abilities of
subscribing dentists.
(2) Contain statements or make recommendations concerning
nonspecific or non bona fide claims of providing referrals to the
most qualified dentists or dental practices.
(3) Describe:
(A) a review process;
(B) a screening; or
(C) qualifications or information verification;
that misleads the public into thinking a dentist subscriber has
obtained a special recognition or joined a selective group of
licensed dentists by being a member of the for-profit dental
referral service.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-6
Chapter violation; offenses
Sec. 6. A person who violates this chapter commits a Class A
misdemeanor.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-7
Injunctive relief
Sec. 7. (a) This section is in addition to the penalty imposed under
section 6 of this chapter.
(b) Whenever there is a violation of this chapter, the attorney
general may seek an injunction in a circuit or superior court with
jurisdiction in the county where the violation occurred to enjoin and
restrain the continuance of the violation.
(c) If the court finds that the defendant has violated this chapter,
an injunction may be issued by the court enjoining and restraining
any further violation without requiring proof that any person has
been injured or damaged by the defendant's action.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-8
Notice of intent to bring action against referral service;
opportunity to cure violation
Sec. 8. (a) No legal action under this chapter may be commenced
by the attorney general against a for-profit dental referral service
until the attorney general has given the service thirty (30) days
written notice of the violation.
(b) Notice under subsection (a) must comply with the following:
(1) Be sent by registered or certified mail, return receipt
requested.
(2) Include a copy of the code sections of the chapter alleged to
have been violated.
(3) Describe the alleged unlawful advertising.
(4) Include a statement that the for-profit dental referral service
has the lesser of:
(A) thirty (30) days from the date the notice was received; or
(B) thirty-five (35) days from the date the notice was sent;
to cure the violation.
(c) A for-profit dental service that does not cure a violation within
the time period required under subsection (b) is subject to sections
6 and 7 of this chapter.
As added by P.L.33-1993, SEC.23.
IC 25-14-4-9
Rules and guidelines
Sec. 9. Before January 2, 1994, the state board of dentistry
established by IC 25-14-1-2 shall adopt rules under IC 4-22-2 that
may include the following:
(1) Guidelines regarding the referral of subscribing dentists for
specialty services.
(2) Guidelines for ensuring that patient referrals by the
for-profit dental referral service must be initiated by a patient.
(3) Guidelines for ensuring that the for-profit dental referral
service does not impose a fee on the subscribing dentists
dependent upon the number of referrals or the amount of
professional fees paid by the patient to the dentist.
(4) Guidelines for ensuring there is a prohibition against
for-profit dental referral services limiting dentist subscribers
solely on the basis of a dentist's exclusive geographic location.
(5) Guidelines regarding dentists basing fees on services
performed with no additional fee charged because the patient is
a referral.
(6) Guidelines for preventing for-profit dental referral service
advertisements that are false, misleading, or deceptive.
(7) Guidelines considering the content of disclaimers required
in section 4 of this chapter for dental referral services that
advertise on television or any other medium that combine audio
and video. Such guidelines may require both audio and visual
disclaimers.
(8) A procedure for a for-profit dental referral service to
forward complaints to the proper state authority.
(9) Appropriate safeguards to ensure that all subscribing
dentists are fairly selected for referrals on a rotating basis.
(10) Guidelines for ensuring that a for-profit dental referral
service must charge each subscribing dentist in the same
advertising market the same fee to become a member of the
service.
As added by P.L.33-1993, SEC.23. Amended by P.L.24-1999,
SEC.16.