IC 16-39
    ARTICLE 39. HEALTH RECORDS

IC 16-39-1
    Chapter 1. Release of Health Records to Patient and AuthorizedPersons

IC 16-39-1-1
Right of access; written requests; effective duration
    Sec. 1. (a) This section applies to all health records except mentalhealth records, which are governed by IC 16-39-2, IC 16-39-3, andIC 16-39-4.
    (b) This article applies to all health records, except:
        (1) records regarding communicable diseases, which aregoverned by IC 16-41-8-1; or
        (2) records regarding alcohol and other drug abuse patientrecords, which are governed by 42 CFR, Part 2.
    (c) On written request and reasonable notice, a provider shallsupply to a patient the health records possessed by the providerconcerning the patient. Subject to 15 U.S.C. 7601 et seq. and 16 CFRPart 315, information regarding contact lenses must be given usingthe following guidelines:
        (1) After the release of a patient from an initial fitting andfollow-up period of not more than six (6) months, the contactlens prescription must be released to the patient at the patient'srequest.
        (2) A prescription released under subdivision (1) must containall 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 optometristor 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 theoriginal prescription lies with the dispensing company orpractitioner.
    (d) On a patient's written request and reasonable notice, a providershall furnish to the patient or the patient's designee the following:
        (1) A copy of the patient's health record used in assessing thepatient's health condition.
        (2) At the option of the patient, the pertinent part of the patient'shealth record relating to a specific condition, as requested bythe patient.
    (e) A request made under this section is valid for sixty (60) daysafter 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, aprovider shall, at the provider's actual costs, provide to the patient orthe 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 competentpatient 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 maybe made by the parent, guardian, or custodian of the patient.
    (c) Health records of a deceased patient may be requested by acoroner under IC 36-2-14-21 or by the personal representative of thepatient's estate. If the deceased does not have a personalrepresentative, the spouse of the deceased patient may make arequest. 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 isincompetent;
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 writtenconsent for release of the patient's health record must include thefollowing:
        (1) The name and address of the patient.
        (2) The name of the person requested to release the patient'srecord.
        (3) The name of the person or provider to whom the patient'shealth record is to be released.
        (4) The purpose of the release.
        (5) A description of the information to be released from thehealth record.
        (6) The signature of the patient, or the signature of the patient'slegal 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 relianceon the consent.
        (9) The date, event, or condition on which the consent willexpire 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 reasonablydetermines that the information requested under section 1 of thischapter 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 copyof the patient's health records while the patient is an inpatient of ahospital, health facility, or facility licensed under IC 12-24 orIC 12-29. However, if the inpatient is:
        (1) unemancipated and less than eighteen (18) years of age, aparent, guardian, or next of kin (if the patient does not have aparent or guardian) is entitled to obtain a copy of the healthrecords of the inpatient;
        (2) incompetent to request the patient's own health records, aspouse, parent, guardian, or next of kin (if the patient does nothave a parent, spouse, or guardian) is entitled to obtain a copyof the health records of the inpatient; or
        (3) competent, a spouse, parent or next of kin (if the patientdoes not have a parent or spouse) is entitled to obtain a copy ofthe health records of the inpatient if the inpatient requests thatthe 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 noncustodialparents
    Sec. 7. (a) Except as provided in subsection (b), a custodial parentand 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 thechild's health records if:
        (1) a court has issued an order that limits the noncustodialparent's access to the child's health records; and
        (2) the provider has received a copy of the court order or hasactual 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 mayrequire the parent requesting the equal access to pay a fee to coverthe 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 16-39-9governs the fees that may be charged for making and providingcopies 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 unlessauthorized 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.