Indiana Medical Licensing Board advertising rules: the 2026 guide
Indiana regulates physician advertising at three levels. IC 25-1-9-4 lets the Medical Licensing Board of Indiana discipline practitioners who advertise in a false or misleading manner; Board rule 844 IAC 5-2-13 bans false, fraudulent, misleading, deceptive or unfair claims and sets specific rules for fee advertising and solicitation; and a 2022 law, Senate Enrolled Act 239, requires health care ads that name a practitioner to state the practitioner's profession or license prominently.
- IC 25-1-9-4 makes advertising services in a false or misleading manner a basis for discipline by the practitioner's licensing board.
- 844 IAC 5-2-13 bars communications with false, fraudulent, misleading, deceptive or unfair statements or claims. It requires broadcast ads to be prerecorded and kept for five years, treats advertised fees as binding for set periods, and bars uninvited personal solicitation.
- 844 IAC 5-2-22: a practitioner may not claim to be "board certified" unless the ad states which board certified them and the specific field of certification.
- Senate Enrolled Act 239 (2022): from January 1, 2023, ads that include a health care practitioner's name must prominently state the practitioner's profession or license, may not be deceptive or misleading, and physician specialty titles are limited to physicians.
- The Board is administered by the Indiana Professional Licensing Agency. Dentists are regulated by the Indiana State Board of Dentistry.
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Who regulates medical advertising in Indiana
The Medical Licensing Board of Indiana licenses and disciplines MDs and DOs. Like most Indiana licensing boards, it is administered by the Indiana Professional Licensing Agency (IPLA). Dentists are regulated by the Indiana State Board of Dentistry, and other professions by their own boards, but IC 25-1-9 applies across them: IC 25-1-9-4 lets a board discipline a practitioner who has advertised services in a false or misleading manner.
The Board's own rule, 844 IAC 5-2-13, is unusually concrete. It bars any communication that contains a false, fraudulent, misleading, deceptive or unfair statement or claim about the practitioner's services or those of affiliated providers. It allows advertising in any medium as long as the content is dignified and addresses the existence, scope, nature and field of practice. Broadcast ads on radio, cable or television must be prerecorded and a copy kept for five years. A practitioner who advertises a fee is bound to it: for frequently published media the fee holds for 30 days, for monthly or less frequent publications until the next issue, and for broadcast ads for 90 days. The rule also bars uninvited personal solicitation of a person who has not first sought contact.
Rule 844 IAC 5-2-22 deals with credentials. A practitioner may not represent in any manner that he or she is "board certified," or use similar words, unless the practitioner states which board certified them and the specific field or area of certification.
In 2022 the legislature added a cross-profession layer. Senate Enrolled Act 239 requires that advertisements communicated after January 1, 2023 that include a health care practitioner's name prominently state the profession or license the practitioner holds, in a font size and style that makes it readily apparent, and bars deceptive or misleading information. The act also limits physician specialty titles such as anesthesiologist, dermatologist, cardiologist and surgeon to physicians. Published summaries of a 2026 law, Senate Enrolled Act 282, describe a new medical spa registration requirement with enforcement from January 1, 2027 that ties medspas to the same advertising rules; confirm the enacted text with IPLA before relying on it.
The Indiana rules, citation by citation
Indiana has more specific advertising mechanics than most states, especially on fee advertising. These are the provisions to review against.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| IC 25-1-9-4 | A practitioner who has advertised services in a false or misleading manner is subject to disciplinary sanctions. | Applies across Indiana health professions, not only physicians. |
| 844 IAC 5-2-13 | No false, fraudulent, misleading, deceptive or unfair statements or claims; dignified content; broadcast ads prerecorded and kept five years; advertised fees binding for set periods; no uninvited personal solicitation. | Keep copies of broadcast spots, honor advertised prices for the stated periods, and avoid cold outreach to individuals. |
| 844 IAC 5-2-22 | No "board certified" claim unless the ad states the certifying board and the specific field of certification. | Write "Board certified in dermatology by the American Board of Dermatology", not just "board certified". |
| SEA 239 (2022) | Ads naming a practitioner must prominently state the profession or license held; no deceptive or misleading information; physician specialty titles reserved for physicians. | Every named clinician in an ad needs a visible license type: MD, DO, NP, PA and so on. |
| Fee periods under 844 IAC 5-2-13 | Advertised fees bind the practitioner for 30 days (frequent publications), until the next issue (monthly or less frequent), or 90 days (broadcast). | Plan promotional pricing with these periods in mind before the ad runs. |
Common ad elements: allowed, restricted, risky
Because Indiana's rule has mechanics as well as principles, several creative elements come with specific obligations.
| Ad element | Status in Indiana | Practical rule |
|---|---|---|
| Named clinicians without license type | Prohibited | SEA 239 requires the profession or license to be prominent in ads that name a practitioner. |
| "Board certified" without board and field | Prohibited | 844 IAC 5-2-22 requires both. |
| Advertised prices and specials | Allowed with obligations | The advertised fee is binding for the periods in 844 IAC 5-2-13. |
| Radio, TV and cable ads | Allowed with obligations | Must be prerecorded and a copy kept for five years. |
| Uninvited personal solicitation | Restricted | Barred unless the person first sought contact (844 IAC 5-2-13). |
| Patient testimonials | Allowed with care | Not misleading or unfair, authorized under HIPAA, incentives disclosed. |
| Specialty titles for non-physicians | Prohibited | SEA 239 limits titles such as dermatologist or anesthesiologist to physicians. |
Indiana-specific points to watch
Advertised fees are binding
Indiana is specific: a fee you advertise binds you for 30 days, until the next issue, or 90 days for broadcast, depending on the medium. Promotions should be planned around those periods.
Five-year broadcast archive
Broadcast ads must be prerecorded and kept for five years. Build that into your media buying and file-keeping.
License type in every named ad
Since January 1, 2023, an ad that names a practitioner must prominently state the profession or license. Social posts featuring named NPs and PAs are where this gets missed.
Medspa registration ahead
Published summaries describe a 2026 law creating medical spa registration from January 1, 2027. Medspas operating in Indiana should confirm the final requirements with the Indiana Professional Licensing Agency.
How federal rules layer on top
A Indiana board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and the Indiana Deceptive Consumer Sales Act (IC 24-5-0.5) can reach the same ad even when the board does not act.
- FTC Act, Section 5. Advertising may not be deceptive or unfair, and health claims need competent and reliable evidence behind them before they run.
- FTC Endorsement Guides (16 CFR Part 255). Testimonials must reflect the real experience and honest opinion of the person quoted. Free or discounted treatment, payment, employment or family ties are material connections that must be disclosed clearly. If a testimonial describes results, the FTC reads it as a claim that others can expect similar results, so you need support for that.
- FTC Rule on Consumer Reviews and Testimonials (16 CFR Part 465). In effect since October 21, 2024. It bans fake reviews and testimonials, buying reviews that are conditioned on what they say, undisclosed reviews by owners or staff, and using threats or false accusations to suppress negative reviews.
- HIPAA (45 CFR 164.508). Using a patient's information in marketing, including testimonials, photos and case stories, generally requires the patient's signed authorization. Replies to online reviews that confirm someone is a patient or discuss their care can be an impermissible disclosure, and HHS has settled enforcement cases with practices over review replies.
- TCPA (47 U.S.C. 227) and FCC rules. Marketing calls and texts sent with an autodialer or a prerecorded or artificial voice need the recipient's prior express written consent, and do-not-call rules apply.
In practice the strictest applicable rule wins. Our team reviews Indiana campaigns against the board rules above first, then against this federal layer. You can read more about how we run that review on how we work.
Compliance checklist for Indiana practices
Use this before any campaign goes live. The first items in each group come from the Indiana rules above; the rest apply to every US practice.
Website and landing pages
- Every named clinician shows a prominent license type (SEA 239).
- "Board certified" always names the board and field (844 IAC 5-2-22).
- Every factual claim (years in practice, procedure counts, awards, credentials) has a dated source you can produce on request.
- Provider bios state the license type and any board certification, naming the certifying board.
- Before-and-after galleries use the practice's own patients, unretouched beyond lighting, each backed by a signed HIPAA authorization.
Paid search and social ads
- Advertised prices are honored for the 844 IAC 5-2-13 periods (30 days, next issue, or 90 days for broadcast).
- No uninvited one-to-one solicitation (844 IAC 5-2-13).
- Price, discount and "free" offers state their conditions in the ad or on the first page the click lands on.
- No promise of a specific outcome in headlines, extensions, thumbnails or video voice-over.
- The landing page identifies the practice entity and the clinician responsible for care.
Social media and influencers
- Paid or comped creators, patient ambassadors and staff disclose the relationship in the post itself, not only in a bio.
- Patient stories and photos are posted only with a current HIPAA marketing authorization on file.
Reviews and reputation
- Review requests go to all patients the same way; no gating, no incentives tied to positive reviews, no purchased reviews (16 CFR Part 465).
- Replies to online reviews never confirm that the reviewer is a patient or mention their care.
Records
- Broadcast ads prerecorded and archived for five years (844 IAC 5-2-13).
- Keep dated copies of every ad, landing page, testimonial authorization and substantiation file, so you can answer a board inquiry quickly.
- Re-check this list whenever the Indiana board or legislature changes its rules; the sources section shows where to look.
Indiana medical advertising rules: common questions
What rules govern physician advertising in Indiana?
IC 25-1-9-4 makes false or misleading advertising a basis for discipline, 844 IAC 5-2-13 sets the Medical Licensing Board's advertising rule, 844 IAC 5-2-22 governs "board certified" claims, and Senate Enrolled Act 239 (2022) requires ads naming a practitioner to state the license held.
Do Indiana ads have to show a provider's license type?
Yes. Under Senate Enrolled Act 239, advertisements communicated after January 1, 2023 that include a health care practitioner's name must prominently state the profession or license the practitioner holds.
Is an advertised price binding in Indiana?
Yes. Under 844 IAC 5-2-13, an advertised fee binds the practitioner for 30 days in frequently published media, until the next issue for monthly or less frequent publications, and for 90 days for broadcast advertising.
How must Indiana physicians describe board certification?
844 IAC 5-2-22 bars claiming to be "board certified" unless the practitioner states which board certified them and the specific field or area of certification.
Do Indiana medspas have new rules?
Published summaries describe Senate Enrolled Act 282 (2026), which creates a medical spa registration requirement with enforcement from January 1, 2027. Confirm the enacted text and timing with the Indiana Professional Licensing Agency.
Is this guide legal advice for my Indiana practice?
No. It is marketing guidance written against the Indiana sources listed below as of 2026. Rules change and boards interpret them case by case, so confirm specific claims with a health care attorney licensed in Indiana or with the board before you publish.
Sources
Official Indiana sources first, then the federal rules. We read each one for this guide in 2026; check for later amendments before relying on a specific provision.
- 844 IAC 5-2-13, Advertising (Medical Licensing Board of Indiana)
- 844 IAC 5-2-22, Use of term "board certified"
- Indiana State Medical Association, summary of SEA 239 (2022) truth-in-advertising law
- Indiana Code Title 25 (IC 25-1-9-4), Indiana General Assembly
- FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255
- FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465
- HIPAA Privacy Rule, uses and disclosures requiring authorization (marketing), 45 CFR 164.508
- Telephone Consumer Protection Act, 47 U.S.C. 227
Neighboring states and related guides
Get your Indiana marketing reviewed before a complaint does it for you
A member of our Sr. Leadership team will walk through your website, ads and review replies against the Indiana rules on this page and the federal layer, and tell you what to change first. Engagements start from $499/month, custom-scoped, with Goals-Driven engagements and Performance-Linked Payout Models available. Every US client signs a Business Associate Agreement with Ichelon Consulting US.