Sec. 9. (a) This section does not apply to an advertisement that:

(1) is disseminated only to members of the medical, dental, pharmaceutical, and other legally recognized professions dealing with the healing arts;

(2) appears only in the scientific periodicals of those professions; or

(3) is disseminated only for the purpose of public health education by persons not commercially interested in the sale of such drugs or devices.

(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 35-43-5-3.

(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.