Sec. 25.5. (a) As used in this section, "active patient" applies and refers to a person whom the dentist has examined, treated, cared for, or otherwise consulted with during the two (2) year period before retirement, discontinuation of practice, or moving from or leaving the community.

(b) This section does not apply to a dentist engaged solely in an internship, a residency, a preceptorship, a fellowship, teaching, or another postgraduate dental education or training program.

(c) Upon retirement, discontinuation of practice, or moving from or leaving a community, a dentist shall:

(1) notify all of the dentist's active patients in writing, or by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the community, that the dentist intends to discontinue the dentist's practice of dentistry in the community; and

(2) encourage the dentist's patients to seek the services of another dentist.

(d) The dentist who is retiring, discontinuing practice, or moving from or leaving a community shall make reasonable arrangements with the dentist's active patients for the transfer of the dentist's records, or copies of the records, to the succeeding dentist or, at the written request of the patient, to the patient, in compliance with IC 16-39.

(e) Nothing in this section supersedes the requirements of IC 16-39.

(f) A person who intentionally prevents a dentist from complying with the requirements in this section commits a Class A misdemeanor.

(g) The attorney general may enforce this section by bringing a civil action to enjoin a violation of this section.

(h) In an action brought under subsection (g), the court may:

(1) issue an injunction;

(2) order the person to make payment of any money unlawfully received to be held in escrow for distribution to any aggrieved consumer;

(3) order the person to pay the state the reasonable costs of the state's investigation and prosecution related to the action; and

(4) order, for knowing violations, the person to pay a civil penalty of not more than five thousand dollars ($5,000) per violation.

As added by P.L.264-2013, SEC.13.