Authority: IC 25-29-1-3

Affected: IC 25-29-1-6.1

Sec. 2. (a) Fees charged by a podiatrist for his professional services shall be reasonable and shall reasonably compensate the podiatrist only for services actually rendered.

(b) A podiatrist shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee. Factors to be considered in determining the reasonableness of a fee include, but are not limited to, the following:

1. (1) the difficulty and/or uniqueness of the services performed and the time, skill and experience required;
2. (2) the fee customarily charged in the locality for similar practitioner services;
3. (3) the amount of charges involved;
4. (4) the quality of performance;
5. (5) the nature and length of the professional relationship with the patient; and
6. (6) the experience, reputation and ability of the practitioner in performing the kind of services involved.

(c) A podiatrist shall not divide a fee for professional services with another practitioner who is not a partner, employee, or shareholder in a professional corporation, unless:

1. (1) the patient consents to the employment of the other practitioner after a full disclosure that a division of fees will be made; and
2. (2) the division of fees is made in proportion to actual services performed and responsibility assumed by each practitioner.

(d) A podiatrist shall not pay, demand, or receive compensation for referral of a patient, except for a patient referral program operated by a podiatry association which is approved by the board.

(e) A podiatrist shall not charge a separate and distinct fee for the incidental, administrative, nonmedical service of securing admission of a patient to a hospital or other medical or health care facility.

(f) A podiatrist shall not base his fee upon the uncertain outcome of a contingency, whether such contingency be the outcome of litigation or any other occurrence or condition which may or may not develop, occur or happen.

(Board of Podiatric Medicine; 845 IAC 1-6-2; filed Apr 12, 1984, 8:28 a.m.: 7 IR 1533; readopted filed Jun 13, 2001, 11:45 a.m.: 24 IR 3823; readopted filed Jul 19, 2007, 12:55 p.m.: 20070808-IR-845070056RFA; readopted filed Nov 25, 2013, 9:19 a.m.: 20131225-IR-845130275RFA; readopted filed Nov 12, 2019, 9:11 a.m.: 20191211-IR-845190075RFA; readopted filed Feb 20, 2024, 9:20 a.m.: 20240320-IR- 845230775RFA) NOTE: Transferred from the Medical Licensing Board of Indiana (844 IAC 8-6-2) to the Board of Podiatric Medicine (845 IAC 1-6-2) by P.L.33-1993, SECTION 76, effective July 1, 1993.