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Statutes > Indiana > Title16 > Ar39 > Ch1

IC 16-39

    ARTICLE 39. HEALTH RECORDS


IC 16-39-1

    

Chapter 1. Release of Health Records to Patient and Authorized
Persons

IC 16-39-1-1

Right of access; written requests; effective duration
    

Sec. 1. (a) This section applies to all health records except mental
health records, which are governed by IC 16-39-2, IC 16-39-3, and
IC 16-39-4.
    (b) This article applies to all health records, except:
        (1) records regarding communicable diseases, which are
governed by IC 16-41-8-1; or
        (2) records regarding alcohol and other drug abuse patient
records, which are governed by 42 CFR, Part 2.
    (c) On written request and reasonable notice, a provider shall
supply to a patient the health records possessed by the provider
concerning the patient. Subject to 15 U.S.C. 7601 et seq. and 16 CFR
Part 315, information regarding contact lenses must be given using
the following guidelines:
        (1) After the release of a patient from an initial fitting and
follow-up period of not more than six (6) months, the contact
lens prescription must be released to the patient at the patient's
request.
        (2) A prescription released under subdivision (1) must contain
all information required to properly duplicate the contact lenses.
        (3) A contact lens prescription must include the following:
            (A) An expiration date of one (1) year.
            (B) The number of refills permitted.
        (4) Instructions for use must be consistent with:
            (A) recommendations of the contact lens manufacturer;
            (B) clinical practice guidelines; and
            (C) the professional judgment of the prescribing optometrist
or physician licensed under IC 25-22.5.
After the release of a contact lens prescription under this subsection,
liability for future fittings or dispensing of contact lenses under the
original prescription lies with the dispensing company or
practitioner.
    (d) On a patient's written request and reasonable notice, a provider
shall furnish to the patient or the patient's designee the following:
        (1) A copy of the patient's health record used in assessing the
patient's health condition.
        (2) At the option of the patient, the pertinent part of the patient's
health record relating to a specific condition, as requested by
the patient.
    (e) A request made under this section is valid for sixty (60) days
after the date the request is made.

As added by P.L.2-1993, SEC.22. Amended by P.L.40-1994, SEC.66;
P.L.102-1994, SEC.1; P.L.2-1995, SEC.72; P.L.108-1996, SEC.4;
P.L.157-2006, SEC.4.

IC 16-39-1-2

X-rays
    

Sec. 2. Upon a patient's written request and reasonable notice, a
provider shall, at the provider's actual costs, provide to the patient or
the patient's designee:
        (1) access to; or
        (2) a copy of;
the patient's x-ray film possessed by the provider.
As added by P.L.2-1993, SEC.22.

IC 16-39-1-3

Persons entitled to request records
    

Sec. 3. (a) Health records may be requested by a competent
patient if the patient is:
        (1) emancipated and less than eighteen (18) years of age; or
        (2) at least eighteen (18) years of age.
    (b) If a patient is incompetent, the request for health records may
be made by the parent, guardian, or custodian of the patient.
    (c) Health records of a deceased patient may be requested by a
coroner under IC 36-2-14-21 or by the personal representative of the
patient's estate. If the deceased does not have a personal
representative, the spouse of the deceased patient may make a
request. If there is no spouse:
        (1) a child of the deceased patient; or
        (2) the parent, guardian, or custodian of the child if the child is
incompetent;
may make a request.
As added by P.L.2-1993, SEC.22. Amended by P.L.28-2002, SEC.1.

IC 16-39-1-4

Patient's written consent for release of records; contents
    

Sec. 4. Except as provided in IC 16-39-5, a patient's written
consent for release of the patient's health record must include the
following:
        (1) The name and address of the patient.
        (2) The name of the person requested to release the patient's
record.
        (3) The name of the person or provider to whom the patient's
health record is to be released.
        (4) The purpose of the release.
        (5) A description of the information to be released from the
health record.
        (6) The signature of the patient, or the signature of the patient's
legal representative if the patient is incompetent.
        (7) The date on which the consent is signed.
        (8) A statement that the consent is subject to revocation at any

time, except to the extent that action has been taken in reliance
on the consent.
        (9) The date, event, or condition on which the consent will
expire if not previously revoked.
As added by P.L.2-1993, SEC.22.

IC 16-39-1-5

Withholding requested information
    

Sec. 5. If a provider who is a health care professional reasonably
determines that the information requested under section 1 of this
chapter is:
        (1) detrimental to the physical or mental health of the patient;
or
        (2) likely to cause the patient to harm the patient or another;
the provider may withhold the information from the patient.
As added by P.L.2-1993, SEC.22.

IC 16-39-1-6

Inpatient requests
    

Sec. 6. This chapter does not authorize a patient to obtain a copy
of the patient's health records while the patient is an inpatient of a
hospital, health facility, or facility licensed under IC 12-24 or
IC 12-29. However, if the inpatient is:
        (1) unemancipated and less than eighteen (18) years of age, a
parent, guardian, or next of kin (if the patient does not have a
parent or guardian) is entitled to obtain a copy of the health
records of the inpatient;
        (2) incompetent to request the patient's own health records, a
spouse, parent, guardian, or next of kin (if the patient does not
have a parent, spouse, or guardian) is entitled to obtain a copy
of the health records of the inpatient; or
        (3) competent, a spouse, parent or next of kin (if the patient
does not have a parent or spouse) is entitled to obtain a copy of
the health records of the inpatient if the inpatient requests that
the records be released.
As added by P.L.2-1993, SEC.22.

IC 16-39-1-7

Child's health records; access to custodial and noncustodial
parents
    

Sec. 7. (a) Except as provided in subsection (b), a custodial parent
and a noncustodial parent of a child have equal access to the parents'
child's health records.
    (b) A provider may not allow a noncustodial parent access to the
child's health records if:
        (1) a court has issued an order that limits the noncustodial
parent's access to the child's health records; and
        (2) the provider has received a copy of the court order or has
actual knowledge of the court order.
    (c) If a provider incurs additional expense by allowing a parent

equal access to health records under this section, the provider may
require the parent requesting the equal access to pay a fee to cover
the cost of the additional expense.
As added by P.L.2-1993, SEC.22.

IC 16-39-1-8

Copying fees
    

Sec. 8. Except as provided in section 2 of this chapter, IC 16-39-9
governs the fees that may be charged for making and providing
copies of records under this chapter.
As added by P.L.102-1994, SEC.2.

IC 16-39-1-9

Alcohol and drug abuse records
    

Sec. 9. Alcohol and drug abuse records described in 42 U.S.C.
290dd-3 and 42 U.S.C. 290ee-3 may not be disclosed unless
authorized in accordance with 42 U.S.C. 290dd-3 and 42 U.S.C.
290ee-3.
As added by P.L.4-1997, SEC.3.