IC 16-39-7
    Chapter 7. Maintenance of Health Records, X-rays, and OtherTests

IC 16-39-7-1
Maintenance of health records by providers; violations
    Sec. 1. (a) As used in this section, "provider" means thefollowing:
        (1) A physician.
        (2) A dentist.
        (3) A registered nurse.
        (4) A licensed practical nurse.
        (5) An optometrist.
        (6) A podiatrist.
        (7) A chiropractor.
        (8) A physical therapist.
        (9) A psychologist.
        (10) An audiologist.
        (11) A speech-language pathologist.
        (12) A home health agency licensed under IC 16-27.
        (13) A hospital or facility licensed under IC 16-21-2 orIC 12-25 or described in IC 12-24 or IC 12-29.
    (b) A provider shall maintain the original health records ormicrofilms of the records for at least seven (7) years.
    (c) A provider who violates subsection (b) commits an offense forwhich a board may impose disciplinary sanctions against theprovider under the law that governs the provider's licensure,registration, or certification under this title or IC 25.
    (d) A provider is immune from civil liability for destroying orfailing to maintain a health record in violation of this section if thedestruction or failure to maintain the health record occurred inconnection with a disaster emergency as declared by the governorunder IC 10-14-3-12 or other disaster, unless the destruction orfailure to maintain the health record was due to negligence by theprovider.
As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.

IC 16-39-7-2
Maintenance of x-rays by providers; mammograms; violations;civil liability
    Sec. 2. (a) This section does not apply to original mammograms,which are governed by section 3 of this chapter.
    (b) As used in this section, "x-ray film" includes a microfilm copyof the x-ray film.
    (c) A provider shall maintain a patient's x-ray film for at least five(5) years.
    (d) At the time an x-ray film is taken, the provider shall do one (1)of the following:
        (1) Inform the patient in writing of the following:
            (A) The patient's x-ray film will be kept on file by the

provider for at least five (5) years.
            (B) If the patient would like a copy of the x-ray film duringthat period, the provider will provide the patient with a copyof the x-ray film at the actual cost to the provider, asprovided in IC 16-39-1-2.
        (2) Have posted conspicuously in the x-ray examination area asign informing patients of the following:
            (A) All x-ray films will be kept on file by a provider for atleast five (5) years.
            (B) On request during that time, the provider will providethe patient a copy of the patient's x-ray film at the actual costto the provider.
    (e) A provider is immune from civil liability for destroying orotherwise failing to maintain an x-ray film in violation of this sectionif the destruction or failure to maintain the x-ray film is inadvertentand not done in bad faith. However, this subsection does not preventthe imposition of disciplinary sanctions against the provider, asdescribed in subsection (f).
    (f) A provider who violates this section commits an offense forwhich a board may impose disciplinary sanctions against theprovider under the statute that governs the provider's licensure,registration, or certification under this title or IC 25.
As added by P.L.2-1993, SEC.22. Amended by P.L.86-2001, SEC.1.

IC 16-39-7-3
Original mammogram films; maintenance; transfer
    Sec. 3. (a) Except as provided in subsection (b), a provider shallmaintain a patient's original mammogram films and reportsconcerning the mammogram films in a permanent medical record ofthe patient for not less than:
        (1) five (5) years; or
        (2) if the provider performs no additional mammograms of thepatient, ten (10) years;
after the date the original mammogram films were taken.
    (b) Upon request by or on behalf of a patient, a provider shallpermanently or temporarily transfer a patient's original mammogramfilms and copies of any reports concerning the mammogram films to:
        (1) a medical institution;
        (2) a physician or other health care provider of the patient; or
        (3) the patient.
    (c) Any fee charged to a patient for providing mammogram filmsand copies of reports under subsection (b) may not exceed theprovider's actual cost in providing the films and reports.
    (d) At the time a mammogram is taken, the provider shall informthe patient in writing of:
        (1) the length of time that the patient's original mammogramfilms will be maintained; and
        (2) the procedure for obtaining the original mammogram filmsand copies of reports concerning the mammogram films asdescribed in subsection (b).    (e) A provider is immune from civil liability for destroying orotherwise failing to maintain a patient's original mammogram filmsor reports concerning the mammogram films in violation of thissection if the destruction or failure to maintain the originalmammogram films or reports is inadvertent and not done in bad faith.However, this subsection does not prevent the imposition ofdisciplinary sanctions against the provider, as described in subsection(f).
    (f) A provider who violates this section commits an offense forwhich a board may impose disciplinary sanctions against theprovider under the statute that governs the provider's licensure,registration, or certification under this title or IC 25.
    (g) Upon receiving written notice of a change in federalregulations regarding the maintenance and storage of x-ray film takenas a supplemental medical diagnostic tool to mammography, the statedepartment shall make reasonable attempts to promptly notify allx-ray facilities providing mammographic x-ray services regarding thechange.
As added by P.L.86-2001, SEC.2.