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.