IC 34-46-2
Chapter 2. Statutes Outside IC 34 That Confer Privilege
IC 34-46-2-1 Listing of other privileges; effect of listing
Sec. 1. (a) This chapter contains a list of references to other
privileged communication provisions outside IC 34.
(b) Listing in this chapter does not equate to the creation of a
privilege, and failure to be listed in this chapter does not negate a
privileged communication recognized elsewhere in the Indiana Code.
(c) Many of the statutes granting privilege also contain exceptions
to the privilege granted and therefore each statute must be consulted
directly to determine the extent of the privilege provided. As added by P.L.1-1998, SEC.42.
IC 34-46-2-2 Mediators
Sec. 2. IC 4-21.5-3.5-18 (Concerning confidential statement to
mediator in administrative proceeding). As added by P.L.1-1998, SEC.42.
IC 34-46-2-3 Mediation
Sec. 3. IC 4-21.5-3.5-27 (Concerning matters discussed during
mediation). As added by P.L.1-1998, SEC.42.
IC 34-46-2-4 Chemical tests
Sec. 4. IC 9-30-6-6 (Concerning chemical tests on blood, urine, or
other bodily substance). As added by P.L.1-1998, SEC.42.
IC 34-46-2-5 Adult protective services
Sec. 5. IC 12-10-3-11 (Concerning reports to adult protective
services). As added by P.L.1-1998, SEC.42.
IC 34-46-2-6 Environmental audit reports
Sec. 6. IC 13-28-4-1 (Concerning environmental audit reports). As added by P.L.1-1998, SEC.42.
IC 34-46-2-7 Coal exploration trade secrets
Sec. 7. IC 14-34-9-4 (Concerning coal exploration trade secrets,
and commercial or financial information). As added by P.L.1-1998, SEC.42. IC 34-46-2-8 Cause of death
Sec. 8. IC 16-37-4-4 (Concerning medical data regarding cause of
death). As added by P.L.1-1998, SEC.42.
IC 34-46-2-9 Reports of communicable diseases
Sec. 9. IC 16-41-2-4 (Concerning reports of communicable or
dangerous diseases). As added by P.L.1-1998, SEC.42.
IC 34-46-2-10 Warnings of communicable diseases
Sec. 10. IC 16-41-7-3 (Concerning warning by physician of
dangerous communicable disease). As added by P.L.1-1998, SEC.42.
IC 34-46-2-11 Expert review panels for health care workers
Sec. 11. IC 16-41-11-10 (Concerning expert review panels who
consult and advise health care workers who have communicable
diseases). As added by P.L.1-1998, SEC.42.
IC 34-46-2-12 School psychologists
Sec. 12. IC 20-28-12-5 (Concerning information school
psychologist acquires in professional capacity). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.224.
IC 34-46-2-13 School counselors
Sec. 13. IC 20-28-10-17 (Concerning communications made to a
school counselor). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.225.
IC 34-46-2-14 Student alcohol and drug violations
Sec. 14. IC 20-33-9-5 and IC 20-33-9-7 (Concerning reports of
elementary and secondary school students suspected of alcohol and
controlled substance violations). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.226.
IC 34-46-2-15 Department of workforce development information
Sec. 15. IC 22-4-19-6 (Concerning department of workforce
development information). As added by P.L.1-1998, SEC.42. IC 34-46-2-16 Professional corporation or employees
Sec. 16. IC 23-1.5-2-7 (Concerning communications involving a
professional corporation or its employees). As added by P.L.1-1998, SEC.42.
IC 34-46-2-17 Quality review committee for accounting firm
Sec. 17. IC 25-2.1-5-8 (Concerning proceedings, records, and
work papers of a quality review committee that conducts a quality
review of an accounting firm). As added by P.L.1-1998, SEC.42.
IC 34-46-2-18 Accountants
Sec. 18. IC 25-2.1-14-1 (Concerning information relative to and
in connection with any professional service as a certified public
accountant, public accountant, or accounting practitioner). As added by P.L.1-1998, SEC.42.
IC 34-46-2-19 Impaired nurses
Sec. 19. IC 25-23-1-31 (Concerning information pertaining to an
impaired registered nurse or licensed practical nurse). As added by P.L.1-1998, SEC.42.
IC 34-46-2-20 Social workers or counselors
Sec. 20. IC 25-23.6-6-1 (Concerning matters communicated to a
social worker or other counselor). As added by P.L.1-1998, SEC.42.
IC 34-46-2-21 Impaired pharmacists
Sec. 21. IC 25-26-13-4.5 (Concerning information pertaining to
an impaired pharmacist). As added by P.L.1-1998, SEC.42.
IC 34-46-2-22 Prescription records
Sec. 22. IC 25-26-13-15 (Concerning pharmacist's knowledge of
prescriptions, drug orders, records, and patient information). As added by P.L.1-1998, SEC.42.
IC 34-46-2-23 Psychologists
Sec. 23. IC 25-33-1-17 (Concerning information communicated
to a psychologist in the psychologist's professional capacity). As added by P.L.1-1998, SEC.42. IC 34-46-2-23.5 Employee assistance professional
Sec. 23.5. IC 25-40-2-2 (Concerning matters communicated by a
client to an employee assistance professional). As added by P.L.185-1999, SEC.2.
IC 34-46-2-24
Repealed
(Repealed by P.L.132-2001, SEC.26.)
IC 34-46-2-25 Records of insurers
Sec. 25. IC 27-1-23-6 (Concerning records of certain insurers
obtained through examination or investigation, registration statement
of members of an insurance holding company, and other information
filed with the insurance commissioner). As added by P.L.1-1998, SEC.42.
IC 34-46-2-26 Child abuse and neglect proceedings
Sec. 26. IC 31-32-11-1 (Concerning the abrogation of privileged
communications in child abuse and neglect proceedings). As added by P.L.1-1998, SEC.42.
IC 34-46-2-27
Repealed
(Repealed by P.L.41-2005, SEC.2.)
IC 34-46-2-28 Uniform Interstate Family Support Act
Sec. 28. IC 31-18-3-16(h) (Concerning disclosure of spousal
communications in proceedings under Uniform Interstate Family
Support Act). As added by P.L.1-1998, SEC.42.
IC 34-46-2-28.5 Communications made to a mental health evaluator
Sec. 28.5. IC 31-32-2-2.5 and IC 31-37-8-4.5 (Concerning
information communicated to an evaluator providing mental health
screening, evaluation, or treatment to a child in connection with a
juvenile proceeding or probation proceeding.) As added by P.L.120-2007, SEC.5.
IC 34-46-2-29 Commission on judicial qualifications
Sec. 29. IC 33-38-13-10 and IC 33-38-13-11 (Concerning papers
filed with and testimony before the commission on judicial
qualifications). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.135. IC 34-46-2-30 Commission on judicial qualifications
Sec. 30. IC 33-38-14-12 and IC 33-38-14-13 (Concerning papers
filed with and testimony before the commission on judicial
qualifications). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.136.
IC 34-46-2-30.4 Commission on judicial qualifications for St. Joseph Superior
Court
Sec. 30.4. IC 33-33-71-49 (Concerning papers filed and testimony
before the commission on judicial qualifications for St. Joseph
Superior Court). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.137.
IC 34-46-2-31 Victim and victim's counselor
Sec. 31. IC 35-37-6-9 (Concerning communications between a
victim and a victim's counselor, and the identity of facility providing
temporary emergency shelter to a victim). As added by P.L.1-1998, SEC.42.
IC 34-46-2-32 Obstruction of justice
Sec. 32. IC 35-44-3-4 (Concerning inapplicability of obstruction
of justice provisions for persons who qualify for certain privileges). As added by P.L.1-1998, SEC.42.
IC 34-46-2
Chapter 2. Statutes Outside IC 34 That Confer Privilege
IC 34-46-2-1 Listing of other privileges; effect of listing
Sec. 1. (a) This chapter contains a list of references to other
privileged communication provisions outside IC 34.
(b) Listing in this chapter does not equate to the creation of a
privilege, and failure to be listed in this chapter does not negate a
privileged communication recognized elsewhere in the Indiana Code.
(c) Many of the statutes granting privilege also contain exceptions
to the privilege granted and therefore each statute must be consulted
directly to determine the extent of the privilege provided. As added by P.L.1-1998, SEC.42.
IC 34-46-2-2 Mediators
Sec. 2. IC 4-21.5-3.5-18 (Concerning confidential statement to
mediator in administrative proceeding). As added by P.L.1-1998, SEC.42.
IC 34-46-2-3 Mediation
Sec. 3. IC 4-21.5-3.5-27 (Concerning matters discussed during
mediation). As added by P.L.1-1998, SEC.42.
IC 34-46-2-4 Chemical tests
Sec. 4. IC 9-30-6-6 (Concerning chemical tests on blood, urine, or
other bodily substance). As added by P.L.1-1998, SEC.42.
IC 34-46-2-5 Adult protective services
Sec. 5. IC 12-10-3-11 (Concerning reports to adult protective
services). As added by P.L.1-1998, SEC.42.
IC 34-46-2-6 Environmental audit reports
Sec. 6. IC 13-28-4-1 (Concerning environmental audit reports). As added by P.L.1-1998, SEC.42.
IC 34-46-2-7 Coal exploration trade secrets
Sec. 7. IC 14-34-9-4 (Concerning coal exploration trade secrets,
and commercial or financial information). As added by P.L.1-1998, SEC.42. IC 34-46-2-8 Cause of death
Sec. 8. IC 16-37-4-4 (Concerning medical data regarding cause of
death). As added by P.L.1-1998, SEC.42.
IC 34-46-2-9 Reports of communicable diseases
Sec. 9. IC 16-41-2-4 (Concerning reports of communicable or
dangerous diseases). As added by P.L.1-1998, SEC.42.
IC 34-46-2-10 Warnings of communicable diseases
Sec. 10. IC 16-41-7-3 (Concerning warning by physician of
dangerous communicable disease). As added by P.L.1-1998, SEC.42.
IC 34-46-2-11 Expert review panels for health care workers
Sec. 11. IC 16-41-11-10 (Concerning expert review panels who
consult and advise health care workers who have communicable
diseases). As added by P.L.1-1998, SEC.42.
IC 34-46-2-12 School psychologists
Sec. 12. IC 20-28-12-5 (Concerning information school
psychologist acquires in professional capacity). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.224.
IC 34-46-2-13 School counselors
Sec. 13. IC 20-28-10-17 (Concerning communications made to a
school counselor). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.225.
IC 34-46-2-14 Student alcohol and drug violations
Sec. 14. IC 20-33-9-5 and IC 20-33-9-7 (Concerning reports of
elementary and secondary school students suspected of alcohol and
controlled substance violations). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.226.
IC 34-46-2-15 Department of workforce development information
Sec. 15. IC 22-4-19-6 (Concerning department of workforce
development information). As added by P.L.1-1998, SEC.42. IC 34-46-2-16 Professional corporation or employees
Sec. 16. IC 23-1.5-2-7 (Concerning communications involving a
professional corporation or its employees). As added by P.L.1-1998, SEC.42.
IC 34-46-2-17 Quality review committee for accounting firm
Sec. 17. IC 25-2.1-5-8 (Concerning proceedings, records, and
work papers of a quality review committee that conducts a quality
review of an accounting firm). As added by P.L.1-1998, SEC.42.
IC 34-46-2-18 Accountants
Sec. 18. IC 25-2.1-14-1 (Concerning information relative to and
in connection with any professional service as a certified public
accountant, public accountant, or accounting practitioner). As added by P.L.1-1998, SEC.42.
IC 34-46-2-19 Impaired nurses
Sec. 19. IC 25-23-1-31 (Concerning information pertaining to an
impaired registered nurse or licensed practical nurse). As added by P.L.1-1998, SEC.42.
IC 34-46-2-20 Social workers or counselors
Sec. 20. IC 25-23.6-6-1 (Concerning matters communicated to a
social worker or other counselor). As added by P.L.1-1998, SEC.42.
IC 34-46-2-21 Impaired pharmacists
Sec. 21. IC 25-26-13-4.5 (Concerning information pertaining to
an impaired pharmacist). As added by P.L.1-1998, SEC.42.
IC 34-46-2-22 Prescription records
Sec. 22. IC 25-26-13-15 (Concerning pharmacist's knowledge of
prescriptions, drug orders, records, and patient information). As added by P.L.1-1998, SEC.42.
IC 34-46-2-23 Psychologists
Sec. 23. IC 25-33-1-17 (Concerning information communicated
to a psychologist in the psychologist's professional capacity). As added by P.L.1-1998, SEC.42. IC 34-46-2-23.5 Employee assistance professional
Sec. 23.5. IC 25-40-2-2 (Concerning matters communicated by a
client to an employee assistance professional). As added by P.L.185-1999, SEC.2.
IC 34-46-2-24
Repealed
(Repealed by P.L.132-2001, SEC.26.)
IC 34-46-2-25 Records of insurers
Sec. 25. IC 27-1-23-6 (Concerning records of certain insurers
obtained through examination or investigation, registration statement
of members of an insurance holding company, and other information
filed with the insurance commissioner). As added by P.L.1-1998, SEC.42.
IC 34-46-2-26 Child abuse and neglect proceedings
Sec. 26. IC 31-32-11-1 (Concerning the abrogation of privileged
communications in child abuse and neglect proceedings). As added by P.L.1-1998, SEC.42.
IC 34-46-2-27
Repealed
(Repealed by P.L.41-2005, SEC.2.)
IC 34-46-2-28 Uniform Interstate Family Support Act
Sec. 28. IC 31-18-3-16(h) (Concerning disclosure of spousal
communications in proceedings under Uniform Interstate Family
Support Act). As added by P.L.1-1998, SEC.42.
IC 34-46-2-28.5 Communications made to a mental health evaluator
Sec. 28.5. IC 31-32-2-2.5 and IC 31-37-8-4.5 (Concerning
information communicated to an evaluator providing mental health
screening, evaluation, or treatment to a child in connection with a
juvenile proceeding or probation proceeding.) As added by P.L.120-2007, SEC.5.
IC 34-46-2-29 Commission on judicial qualifications
Sec. 29. IC 33-38-13-10 and IC 33-38-13-11 (Concerning papers
filed with and testimony before the commission on judicial
qualifications). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.135. IC 34-46-2-30 Commission on judicial qualifications
Sec. 30. IC 33-38-14-12 and IC 33-38-14-13 (Concerning papers
filed with and testimony before the commission on judicial
qualifications). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.136.
IC 34-46-2-30.4 Commission on judicial qualifications for St. Joseph Superior
Court
Sec. 30.4. IC 33-33-71-49 (Concerning papers filed and testimony
before the commission on judicial qualifications for St. Joseph
Superior Court). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.137.
IC 34-46-2-31 Victim and victim's counselor
Sec. 31. IC 35-37-6-9 (Concerning communications between a
victim and a victim's counselor, and the identity of facility providing
temporary emergency shelter to a victim). As added by P.L.1-1998, SEC.42.
IC 34-46-2-32 Obstruction of justice
Sec. 32. IC 35-44-3-4 (Concerning inapplicability of obstruction
of justice provisions for persons who qualify for certain privileges). As added by P.L.1-1998, SEC.42.
IC 34-46-2
Chapter 2. Statutes Outside IC 34 That Confer Privilege
IC 34-46-2-1 Listing of other privileges; effect of listing
Sec. 1. (a) This chapter contains a list of references to other
privileged communication provisions outside IC 34.
(b) Listing in this chapter does not equate to the creation of a
privilege, and failure to be listed in this chapter does not negate a
privileged communication recognized elsewhere in the Indiana Code.
(c) Many of the statutes granting privilege also contain exceptions
to the privilege granted and therefore each statute must be consulted
directly to determine the extent of the privilege provided. As added by P.L.1-1998, SEC.42.
IC 34-46-2-2 Mediators
Sec. 2. IC 4-21.5-3.5-18 (Concerning confidential statement to
mediator in administrative proceeding). As added by P.L.1-1998, SEC.42.
IC 34-46-2-3 Mediation
Sec. 3. IC 4-21.5-3.5-27 (Concerning matters discussed during
mediation). As added by P.L.1-1998, SEC.42.
IC 34-46-2-4 Chemical tests
Sec. 4. IC 9-30-6-6 (Concerning chemical tests on blood, urine, or
other bodily substance). As added by P.L.1-1998, SEC.42.
IC 34-46-2-5 Adult protective services
Sec. 5. IC 12-10-3-11 (Concerning reports to adult protective
services). As added by P.L.1-1998, SEC.42.
IC 34-46-2-6 Environmental audit reports
Sec. 6. IC 13-28-4-1 (Concerning environmental audit reports). As added by P.L.1-1998, SEC.42.
IC 34-46-2-7 Coal exploration trade secrets
Sec. 7. IC 14-34-9-4 (Concerning coal exploration trade secrets,
and commercial or financial information). As added by P.L.1-1998, SEC.42. IC 34-46-2-8 Cause of death
Sec. 8. IC 16-37-4-4 (Concerning medical data regarding cause of
death). As added by P.L.1-1998, SEC.42.
IC 34-46-2-9 Reports of communicable diseases
Sec. 9. IC 16-41-2-4 (Concerning reports of communicable or
dangerous diseases). As added by P.L.1-1998, SEC.42.
IC 34-46-2-10 Warnings of communicable diseases
Sec. 10. IC 16-41-7-3 (Concerning warning by physician of
dangerous communicable disease). As added by P.L.1-1998, SEC.42.
IC 34-46-2-11 Expert review panels for health care workers
Sec. 11. IC 16-41-11-10 (Concerning expert review panels who
consult and advise health care workers who have communicable
diseases). As added by P.L.1-1998, SEC.42.
IC 34-46-2-12 School psychologists
Sec. 12. IC 20-28-12-5 (Concerning information school
psychologist acquires in professional capacity). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.224.
IC 34-46-2-13 School counselors
Sec. 13. IC 20-28-10-17 (Concerning communications made to a
school counselor). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.225.
IC 34-46-2-14 Student alcohol and drug violations
Sec. 14. IC 20-33-9-5 and IC 20-33-9-7 (Concerning reports of
elementary and secondary school students suspected of alcohol and
controlled substance violations). As added by P.L.1-1998, SEC.42. Amended by P.L.1-2005, SEC.226.
IC 34-46-2-15 Department of workforce development information
Sec. 15. IC 22-4-19-6 (Concerning department of workforce
development information). As added by P.L.1-1998, SEC.42. IC 34-46-2-16 Professional corporation or employees
Sec. 16. IC 23-1.5-2-7 (Concerning communications involving a
professional corporation or its employees). As added by P.L.1-1998, SEC.42.
IC 34-46-2-17 Quality review committee for accounting firm
Sec. 17. IC 25-2.1-5-8 (Concerning proceedings, records, and
work papers of a quality review committee that conducts a quality
review of an accounting firm). As added by P.L.1-1998, SEC.42.
IC 34-46-2-18 Accountants
Sec. 18. IC 25-2.1-14-1 (Concerning information relative to and
in connection with any professional service as a certified public
accountant, public accountant, or accounting practitioner). As added by P.L.1-1998, SEC.42.
IC 34-46-2-19 Impaired nurses
Sec. 19. IC 25-23-1-31 (Concerning information pertaining to an
impaired registered nurse or licensed practical nurse). As added by P.L.1-1998, SEC.42.
IC 34-46-2-20 Social workers or counselors
Sec. 20. IC 25-23.6-6-1 (Concerning matters communicated to a
social worker or other counselor). As added by P.L.1-1998, SEC.42.
IC 34-46-2-21 Impaired pharmacists
Sec. 21. IC 25-26-13-4.5 (Concerning information pertaining to
an impaired pharmacist). As added by P.L.1-1998, SEC.42.
IC 34-46-2-22 Prescription records
Sec. 22. IC 25-26-13-15 (Concerning pharmacist's knowledge of
prescriptions, drug orders, records, and patient information). As added by P.L.1-1998, SEC.42.
IC 34-46-2-23 Psychologists
Sec. 23. IC 25-33-1-17 (Concerning information communicated
to a psychologist in the psychologist's professional capacity). As added by P.L.1-1998, SEC.42. IC 34-46-2-23.5 Employee assistance professional
Sec. 23.5. IC 25-40-2-2 (Concerning matters communicated by a
client to an employee assistance professional). As added by P.L.185-1999, SEC.2.
IC 34-46-2-24
Repealed
(Repealed by P.L.132-2001, SEC.26.)
IC 34-46-2-25 Records of insurers
Sec. 25. IC 27-1-23-6 (Concerning records of certain insurers
obtained through examination or investigation, registration statement
of members of an insurance holding company, and other information
filed with the insurance commissioner). As added by P.L.1-1998, SEC.42.
IC 34-46-2-26 Child abuse and neglect proceedings
Sec. 26. IC 31-32-11-1 (Concerning the abrogation of privileged
communications in child abuse and neglect proceedings). As added by P.L.1-1998, SEC.42.
IC 34-46-2-27
Repealed
(Repealed by P.L.41-2005, SEC.2.)
IC 34-46-2-28 Uniform Interstate Family Support Act
Sec. 28. IC 31-18-3-16(h) (Concerning disclosure of spousal
communications in proceedings under Uniform Interstate Family
Support Act). As added by P.L.1-1998, SEC.42.
IC 34-46-2-28.5 Communications made to a mental health evaluator
Sec. 28.5. IC 31-32-2-2.5 and IC 31-37-8-4.5 (Concerning
information communicated to an evaluator providing mental health
screening, evaluation, or treatment to a child in connection with a
juvenile proceeding or probation proceeding.) As added by P.L.120-2007, SEC.5.
IC 34-46-2-29 Commission on judicial qualifications
Sec. 29. IC 33-38-13-10 and IC 33-38-13-11 (Concerning papers
filed with and testimony before the commission on judicial
qualifications). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.135. IC 34-46-2-30 Commission on judicial qualifications
Sec. 30. IC 33-38-14-12 and IC 33-38-14-13 (Concerning papers
filed with and testimony before the commission on judicial
qualifications). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.136.
IC 34-46-2-30.4 Commission on judicial qualifications for St. Joseph Superior
Court
Sec. 30.4. IC 33-33-71-49 (Concerning papers filed and testimony
before the commission on judicial qualifications for St. Joseph
Superior Court). As added by P.L.1-1998, SEC.42. Amended by P.L.98-2004,
SEC.137.
IC 34-46-2-31 Victim and victim's counselor
Sec. 31. IC 35-37-6-9 (Concerning communications between a
victim and a victim's counselor, and the identity of facility providing
temporary emergency shelter to a victim). As added by P.L.1-1998, SEC.42.
IC 34-46-2-32 Obstruction of justice
Sec. 32. IC 35-44-3-4 (Concerning inapplicability of obstruction
of justice provisions for persons who qualify for certain privileges). As added by P.L.1-1998, SEC.42.
