CHAPTER 2. RELEASE OF MENTAL HEALTH RECORDS TO PATIENT AND AUTHORIZED PERSONS
IC 16-39-2
Chapter 2. Release of Mental Health Records to Patient andAuthorized Persons
IC 16-39-2-1
Application of chapter
Sec. 1. This chapter applies only to mental health records.
As added by P.L.2-1993, SEC.22.
IC 16-39-2-2
Maintenance of records by provider; contents; dominion; timelimits
Sec. 2. A record for each patient receiving mental health servicesshall be maintained by the provider. The mental health record mustcontain the information that the division of mental health andaddiction, the division of disability and rehabilitative services, or thestate department requires by rule. The provider is:
(1) the owner of the mental health record;
(2) responsible for the record's safekeeping; and
(3) entitled to retain possession of the record.
The information contained in the mental health record belongs to thepatient involved as well as to the provider. The provider shallmaintain the original mental health record or a microfilm of themental health record for at least seven (7) years.
As added by P.L.2-1993, SEC.22. Amended by P.L.40-1994, SEC.67;P.L.4-1997, SEC.4; P.L.215-2001, SEC.84; P.L.141-2006, SEC.90.
IC 16-39-2-3
Confidentiality
Sec. 3. A patient's mental health record is confidential and shallbe disclosed only with the consent of the patient unless otherwiseprovided in the following:
(1) This chapter.
(2) IC 16-39-3.
(3) IC 16-39-4.
(4) IC 16-39-5-3.
As added by P.L.2-1993, SEC.22.
IC 16-39-2-4
Patient access; restrictions; appeal
Sec. 4. A patient is entitled to inspect and copy the patient's ownmental health record. However, if the provider that is responsible forthe patient's mental health records determines for good medicalcause, upon the advice of a physician, that the information requestedunder this section is detrimental to the physical or mental health ofthe patient, or is likely to cause the patient to harm the patient oranother person, the provider may withhold the information from thepatient. If the provider is a state institution or agency, the patient mayappeal the provider's refusal to permit the patient to inspect and copythe patient's own record under IC 4-21.5.As added by P.L.2-1993, SEC.22.
IC 16-39-2-5
Access to patient's designee or legal representative; written request
Sec. 5. (a) This section applies to private and public treatingproviders.
(b) Upon a patient's written request and reasonable notice, apatient's mental health record shall be made available for inspectionand copying by the provider at any time to an individual ororganization designated by the patient or to the patient's legalrepresentative.
(c) A patient's written request for the release of the patient'smental health record under this section must include the following:
(1) The name of the patient.
(2) The name of the person requested to release the patient'smental health record.
(3) The name of the person, provider, or organization to whomthe patient's mental health record is to be released.
(4) The purpose of the release.
(5) A description of the information to be released from themental health record.
(6) The signature of the patient.
(7) The date the request is signed.
(8) A statement that the patient's consent to release of mentalhealth records is subject to revocation at any time, except to theextent that action has been taken in reliance on the patient'sconsent.
(9) The date, event, or condition on which the patient's consentto release of mental health records will expire if not previouslyrevoked.
(d) Unless otherwise specified in a written request under thissection, a request for release of records is valid for one hundredeighty (180) days after the date the request is made.
(e) A request for release of records under this section may berevoked by the patient at any time, except to the extent that actionhas been taken in reliance on the consent.
(f) Mental health records requested by the patient to be releasedunder this section may be released by the provider receiving therequest, regardless of whether the patient is still receiving servicesfrom the provider.
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.5.
IC 16-39-2-6
Disclosure without patient's consent; interpretation of records;immunities
Sec. 6. (a) Without the consent of the patient, the patient's mentalhealth record may only be disclosed as follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency; (ii) a managed care provider (as defined inIC 12-7-2-127(b)); or
(iii) a health care provider or mental health care provider,if the mental health records are needed to provide healthcare or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoringof services.
(2) To the extent necessary to obtain payment for servicesrendered or other benefits to which the patient may be entitled,as provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indianaprotection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 andthe rules of the division of mental health and addiction, therules of the division of disability and rehabilitative services, orthe rules of the provider.
(5) To the division of mental health and addiction for thepurpose of data collection, research, and monitoring managedcare providers (as defined in IC 12-7-2-127(b)) who areoperating under a contract with the division of mental healthand addiction.
(6) To the extent necessary to make reports or give testimonyrequired by the statutes pertaining to admissions, transfers,discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the followingconditions are met:
(A) A patient escapes from a facility to which the patient iscommitted under IC 12-26.
(B) The superintendent of the facility determines that failureto provide the information may result in bodily harm to thepatient or another individual.
(C) A patient commits or threatens to commit a crime onfacility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officeror agency for any reason and:
(i) the information to be released is limited to medicationscurrently prescribed for the patient or to the patient'shistory of adverse medication reactions; and
(ii) the provider determines that the release of themedication information will assist in protecting the health,safety, or welfare of the patient.
Mental health records released under this clause must bemaintained in confidence by the law enforcement agencyreceiving them.
(8) To a coroner or medical examiner, in the performance of theindividual's duties.
(9) To a school in which the patient is enrolled if thesuperintendent of the facility determines that the informationwill assist the school in meeting educational needs of a personwith a disability under 20 U.S.C. 1400 et seq. (10) To the extent necessary to satisfy reporting requirementsunder the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-24-17-5.
(C) IC 16-41-2-3.
(D) IC 31-25-3-2.
(E) IC 31-33-5-4.
(F) IC 34-30-16-2.
(G) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of informationrequirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described inIC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health ordevelopmental disability facility, to the United States SecretService if the following conditions are met:
(A) The request does not apply to alcohol or drug abuserecords described in 42 U.S.C. 290dd-2 unless authorized bya court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service'sprotective responsibility and investigative authority under 18U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determinesthat disclosure of the mental health record may be necessaryto protect a person under the protection of the United StatesSecret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use themental health record information for investigative purposesand not disclose the information publicly.
(F) The mental health record information disclosed to theUnited States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge fromthe facility; and
(iii) any information that indicates whether or not thepatient has a history of violence or presents a danger to theperson under protection.
(16) To the statewide waiver ombudsman established underIC 12-11-13, in the performance of the ombudsman's duties.
(b) After information is disclosed under subsection (a)(15) and ifthe patient is evaluated to be dangerous, the records shall beinterpreted in consultation with a licensed mental health professionalon the staff of the United States Secret Service.
(c) A person who discloses information under subsection (a)(7) or
(a)(15) in good faith is immune from civil and criminal liability.
As added by P.L.2-1993, SEC.22. Amended by P.L.23-1993, SEC.77;P.L.40-1994, SEC.68; P.L.6-1995, SEC.37; P.L.149-1996, SEC.1;P.L.1-1997, SEC.95; P.L.4-1997, SEC.6; P.L.111-1997, SEC.8;P.L.253-1997(ss), SEC.20; P.L.1-1998, SEC.120; P.L.1-1999,SEC.46; P.L.272-1999, SEC.53; P.L.215-2001, SEC.85;P.L.141-2006, SEC.91; P.L.145-2006, SEC.141; P.L.1-2007,SEC.136.
IC 16-39-2-7
Discovery or admissibility without patient's consent
Sec. 7. Except as provided in section 8 of this chapter, the mentalhealth record is not discoverable or admissible in any legalproceeding without the consent of the patient.
As added by P.L.2-1993, SEC.22.
IC 16-39-2-8
Court ordered release
Sec. 8. The court may order the release of the patient's mentalhealth record without the patient's consent upon the showing of goodcause following a hearing under IC 16-39-3 or in a proceeding underIC 31-30 through IC 31-40 following a hearing held under theIndiana Rules of Trial Procedure.
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.96.
IC 16-39-2-9
Exercise of patient's rights by others; equal access to records; fees
Sec. 9. (a) For the purposes of this chapter, the following personsare entitled to exercise the patient's rights on the patient's behalf:
(1) If the patient is a minor, the parent, guardian, or other courtappointed representative of the patient.
(2) If the provider determines that the patient is incapable ofgiving or withholding consent, the patient's guardian, a courtappointed representative of the patient, a person possessing ahealth care power of attorney for the patient, or the patient'shealth care representative.
(b) A custodial parent and a noncustodial parent of a child haveequal access to the child's mental health records unless:
(1) a court has issued an order that limits the noncustodialparent's access to the child's mental health records; and
(2) the provider has received a copy of the court order or hasactual knowledge of the court order.
If the provider incurs an additional expense by allowing a parentequal access to a child's mental health records, the provider mayrequire the parent requesting the equal access to pay a fee underIC 16-39-9 to cover the cost of the additional expense.
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.7.
IC 16-39-2-10
Decedents' records; consent to release Sec. 10. For the purposes of this chapter, consent to the release ofa deceased patient's record may be given by the personalrepresentative of the patient's estate. If there is no appointment of apersonal representative, consent may be given by:
(1) the patient's spouse; or
(2) if there is no spouse, any responsible member of thepatient's family, including a parent, guardian, or custodian ofthe deceased patient's minor child.
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.8.
IC 16-39-2-11
Copying fees
Sec. 11. IC 16-39-9 governs the fees that may be charged formaking and providing copies of records under this chapter.
As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.3.
IC 16-39-2-12
Application to other mental health records laws
Sec. 12. This chapter does not prohibit the application to mentalhealth records of any law concerning health records that is notaddressed by this chapter.
As added by P.L.4-1997, SEC.9.