1. (a) This section does not apply to an advertisement that:

   1. (1) is disseminated only to members of the medical, dental, pharmaceutical, and other legally recognized professions dealing with the healing arts;
   2. (2) appears only in the scientific periodicals of those professions; or
   3. (3) is disseminated only for the purpose of public health education by persons not commercially interested in the sale of such drugs or devices.

2. (b) The advertisement of a drug or device that represents that the drug or device has any effect in:

   albuminuria

   appendicitis

   arteriosclerosis

   blood poison

   bone disease

   Bright's disease

   carbuncles

   cancer

   cholecystitis

   diabetes

   diphtheria

   dropsy

   erysipelas

   gallstones

   heart and vascular diseases

   high blood pressure

   mastoiditis

   measles

   mumps

   nephritis

   otitis media

   paralysis

   pneumonia

   poliomyelitis (infantile paralysis)

   prostate gland disorders

   pyelitis

   scarlet fever

   sexual impotence

   sinus infection

   smallpox

   tuberculosis

   tumors

   typhoid

   uremia

   venereal disease

   meningitis

   is considered false for purposes of IC 35-43-5-4 .

3. (c) Whenever the state department determines that an advance in medical science has made a type of self medication safe as to any of the diseases listed in this section, the state department shall adopt rules to authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions the state department considers necessary in the interests of public health.

   [Pre-1993 Recodification Citation: 16-1-28-7.]

As added by P.L.2-1993, SEC.25. Amended by P.L.174-2021, SEC.17.