reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 2. Cancer Registry › 16-38-2-11. Annual Report

Sec. 11. Not later than December 31 of each year, the department shall publish and make available to the public an annual report summarizing the information collected under this chapter during the previous calendar year.
As added by P.L.93-2001, SEC.2. Amended by P.L.17-2004, SEC.4.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-1. "Birth Problems"

Sec. 1. As used in this chapter, "birth problems" means one (1) or more of the following conditions:
(1) A structural deformation.
(2) A developmental malformation.
(3) A genetic, inherited, or biochemical disease.
(4) A condition of a chronic nature, including central nervous system hemorrhage or infection of the central nervous system, that may result in a need for long term health care.
(5) An autism spectrum disorder that is recognized in an individual at any age.
(6) A fetal alcohol spectrum disorder that is recognized before a child becomes five (5) years of age.
(7) Any other severe disability that is:
(A) designated in a rule adopted by the state department; and
(B) recognized in a child after birth and before the child becomes three (3) years of age.
(8) Complications resulting from a home delivery. As used in this subdivision, "home" includes the delivery of a viable fetus at a home or other non-health care facility.
As added by P.L.180-1993, SEC.2. Amended by P.L.93-2001, SEC.3; P.L.17-2004, SEC.5; P.L.188-2013, SEC.19; P.L.232-2013, SEC.6; P.L.141-2014, SEC.19.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-2. "Other Severe Disability"

Sec. 2. As used in this chapter, "other severe disability" means a severe physical disability or developmental delay that results from injury, infection, or disease, is chronic in nature, and requires long term health care.
As added by P.L.180-1993, SEC.2. Amended by P.L.23-1993, SEC.76.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-3. "Patient"

Sec. 3. As used in this chapter, "patient" means:
(1) a child born with a birth problem; or
(2) a parent or a guardian of a child born with a birth problem.
As added by P.L.180-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-7. Rules Establishing Reporting Requirements on Birth Problems; Publication of List of Birth Problems

Sec. 7. (a) The state department shall adopt rules under IC 4-22-2 to establish reporting requirements regarding birth problems for:
(1) hospitals;
(2) physicians;
(3) local health departments;
(4) home deliveries, as described in section 1(8) of this chapter; and
(5) other health care providers designated by the state department.
(b) The state department:
(1) shall publish annually the list of birth problems required to be reported; and
(2) may publish an updated list of birth problems required to be reported as necessary.
The state department is not required to include the list of birth problems to be reported in the rules required in subsection (a).
(c) In determining the list of birth problems to be reported under this section, the state department shall give consideration to the following factors:
(1) The extent to which a condition can be measured or identified.
(2) The extent to which there is a known intervention for a condition.
(3) The significance of the burden imposed on the life of the individual by a condition.
(4) The list of reportable conditions issued by the National Birth Defects Prevention Network.
(5) Recommendations made by the Indiana Perinatal Quality Improvement Collaborative.
(6) Other factors that the state department determines appropriate.
As added by P.L.180-1993, SEC.2. Amended by P.L.93-2001, SEC.4; P.L.232-2013, SEC.7; P.L.218-2019, SEC.3.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-9. Reports of Birth Problems to Registry

Sec. 9. (a) Certified nurse midwives, certified direct entry midwives, and individuals and entities described in section 7(a) of this chapter shall report each confirmed case of a birth problem that is recognized at the time of birth to the registry not later than sixty (60) days after the birth. An individual or entity described in section 7(a) of this chapter who recognizes a birth problem in:
(1) a child after birth but before the child is five (5) years of age, if the child is diagnosed with a fetal alcohol spectrum disorder;
(2) an individual at any age, if the individual is diagnosed with an autism spectrum disorder; and
(3) a child before the child is three (3) years of age for any birth problem diagnosis not specified in subdivisions (1) and (2);
shall report the birth problem to the registry not later than sixty (60) days after recognizing the birth problem. Information may be provided to amend or clarify an earlier reported case.
(b) A person required to report information to the registry under this section may use, when completing reports required by this chapter, information submitted to any other public or private registry or required to be filed with federal, state, or local agencies. However, the state department may require additional, definitive information.
(c) Exchange of information between state department registries is authorized. The state department may use information from another registry administered by the state department. Information used from other registries remains subject to the confidentiality restrictions on the other registries.
As added by P.L.180-1993, SEC.2. Amended by P.L.93-2001, SEC.6; P.L.17-2004, SEC.7; P.L.232-2013, SEC.8; P.L.141-2014, SEC.21; P.L.218-2019, SEC.5.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-10. Confidentiality of Information

Sec. 10. Except as provided in sections 11, 12, and 13 of this chapter, information that:
(1) is obtained under this chapter by the state department concerning individual patients; and
(2) is not otherwise a matter of public record;
is for the confidential use of the state department only.
As added by P.L.180-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-11. Access to Confidential Information for Research

Sec. 11. The state department shall grant any person involved in a legitimate research activity access to confidential information concerning individual patients obtained by the state department under this chapter if:
(1) the person conducting the research provides written information about the purpose of the research project, the nature of the data to be collected and how the researcher intends to analyze it, the records the researcher wishes to review, and the safeguards the researcher will take to protect the identity of the patients whose records the researcher will be reviewing;
(2) the proposed safeguards are adequate to protect the identity of each patient whose records will be reviewed; and
(3) an agreement is executed between the state department and the researcher that specifies the terms of the researcher's use of the records and that prohibits the publication or release of the names of individual patients or any facts tending to lead to the identification of individual patients.
As added by P.L.180-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-12. Requests for Additional Information

Sec. 12. Researchers may, with the approval of the state department, use the names of individual patients when requesting additional information for research purposes. However, if a researcher requests additional information, the researcher must then obtain the individual patient's written consent by having the patient complete a release of confidential medical information form.
As added by P.L.180-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-13. Release of Confidential Information

Sec. 13. The state department may release confidential information concerning individual patients to:
(1) the birth problems registry of another state; and
(2) physicians and local health officers for diagnostic and treatment purposes;
if the patient gives written consent by completing a release of confidential medical information form.
As added by P.L.180-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-14. Persons Reporting to Registry; Immunity From Liability for Released Information

Sec. 14. A person who reports information to the registry under this chapter is immune from any civil or criminal liability that might otherwise be imposed because of the release of what is otherwise confidential information.
As added by P.L.180-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-16. Educational Programs

Sec. 16. The state department shall conduct intensive educational programs for health professionals and members of the public concerning the nature and purpose of the birth problems registry, the reporting and informational requirements, and the causes and detection of birth problems.
As added by P.L.180-1993, SEC.2. Amended by P.L.126-1995, SEC.3; P.L.147-2023, SEC.17.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-16.5. Review of Medical Records

Sec. 16.5. To assure accurate, complete, and timely reporting of birth problems to the registry, the state department may review the medical records of an individual or entity required to report birth problems under this chapter.
As added by P.L.93-2001, SEC.7.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-17. Birth Problems Registry Fund

Sec. 17. (a) The birth problems registry fund is established for the purpose of carrying out this chapter. The fund shall be administered by the state department.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) Money in the fund at the end of a particular fiscal year does not revert to the state general fund.
(d) The state department is not required to implement the provisions of this chapter regarding birth problems described in section 1(7) of this chapter until the state department receives the funding necessary for implementation.
As added by P.L.180-1993, SEC.2. Amended by P.L.93-2001, SEC.8.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-18. Reports by Department

Sec. 18. The state department shall report to the legislative council and the governor each year before November 1 the following:
(1) The numbers and types of birth problems occurring in Indiana by county, including any birth problem trends identified through the data collected under this chapter.
(2) The amount of use of the birth problems registry by researchers.
(3) Proposals for the prevention of birth problems occurring in Indiana.
A report under this section to the legislative council must be in an electronic format under IC 5-14-6.
As added by P.L.180-1993, SEC.2. Amended by P.L.28-2004, SEC.139; P.L.130-2018, SEC.84.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 4. Birth Problems Registry › 16-38-4-19. Repealed

As added by P.L.180-1993, SEC.2. Amended by P.L.28-2004, SEC.140; P.L.193-2007, SEC.2. Repealed by P.L.149-2017, SEC.8.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 5. Immunization Data Registry › 16-38-5-1. Development and Maintenance of Registry; Use of Information; Nonimmunization Information; Rules

Sec. 1. (a) The state department shall maintain an immunization data registry to collect, store, analyze, release, and report immunization data.
(b) Except as provided in subsection (c), data in the immunization data registry may be used only for the following purposes:
(1) To assure that necessary immunizations are provided and overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other epidemiological research for disease control purposes.
(4) To document that required immunizations have been provided as required for school or child care admission.
(5) To accomplish other public health purposes as determined by the state department.
(c) The immunization data registry may be used to store and release other nonimmunization personal health information maintained by the state department, including blood lead screening and newborn screening information, so providers and the individual may access the health information. However, section 3 of this chapter does not apply to the release of nonimmunization personal health information. Nonimmunization personal health information may be released only in accordance with state and federal laws concerning that personal health information.
(d) The state department may adopt rules under IC 4-22-2 concerning who may input and retrieve information from the immunization data registry.
As added by P.L.231-1999, SEC.14. Amended by P.L.135-2003, SEC.1; P.L.122-2012, SEC.5; P.L.191-2013, SEC.5; P.L.45-2020, SEC.6.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 5. Immunization Data Registry › 16-38-5-4. Immunity for Providing Data; Penalty

Sec. 4. (a) An entity described in section 3(c) of this chapter, the state department, or an agent of the state department who in good faith provides or receives immunization information is immune from civil and criminal liability for the following:
(1) Providing information to the immunization data registry.
(2) Using the immunization data registry information to verify that a patient or child has received proper immunizations.
(3) Using the immunization data registry information to inform a patient or the child's parent or guardian:
(A) of the patient's or child's immunization status; or
(B) that an immunization is due according to recommended immunization schedules.
(b) A person who knowingly, intentionally, or recklessly discloses confidential information contained in the immunization data registry in violation of this chapter commits a Class A misdemeanor.
As added by P.L.135-2003, SEC.4. Amended by P.L.97-2004, SEC.66.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-1. "Chronic Disease"

Sec. 1. As used in this chapter, "chronic disease" means one (1) of the following conditions:
(1) Asthma.
(2) Diabetes.
(3) Congestive heart failure or coronary heart disease.
(4) Hypertension.
(5) Kidney disease.
(6) A condition that the state department:
(A) determines should be included on the registry; and
(B) chooses to add to the registry by rule under IC 4-22-2.
As added by P.L.212-2003, SEC.3. Amended by P.L.13-2004, SEC.2; P.L.48-2005, SEC.2.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-2. Establishment of Chronic Disease Registry

Sec. 2. The state department, with the cooperation of the office of Medicaid policy and planning, shall establish a chronic disease registry for the purpose of:
(1) recording chronic disease cases that are diagnosed or treated in Indiana; and
(2) compiling necessary and appropriate information determined by the state department concerning cases described in subdivision (1) in order to do the following:
(A) Conduct epidemiologic and environmental surveys of chronic disease and use appropriate preventive and control measures.
(B) Inform citizens regarding programs designed to manage chronic disease.
As added by P.L.212-2003, SEC.3. Amended by P.L.152-2017, SEC.36.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-3. Using Information Compiled by Public or Private Entities for Registry

Sec. 3. The state department may use information compiled by a public or private entity to the greatest extent possible in the development of a statewide chronic disease registry under this chapter.
As added by P.L.212-2003, SEC.3. Amended by P.L.143-2022, SEC.48.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-4. Reporting Confirmed Cases of Chronic Disease; Information Used; Medicaid Chronic Disease Data

Sec. 4. (a) The following persons may report confirmed cases of chronic disease to the chronic disease registry:
(1) Physicians.
(2) Hospitals.
(3) Medical laboratories.
(4) Public and private third party payers.
(b) A person who reports information to the state chronic disease registry under this section may use:
(1) information submitted to any other public or private chronic disease registry; or
(2) information required to be filed with federal, state, or local agencies;
when completing a report under this chapter. However, the state department may require additional, definitive information.
(c) The office of Medicaid policy and planning shall provide data concerning services for chronic diseases reimbursed by the state Medicaid program to the chronic disease registry. The office shall work with the state department to identify the data available and to determine a means to transmit the information to assist the state department in data collection for the chronic disease registry.
As added by P.L.212-2003, SEC.3. Amended by P.L.13-2004, SEC.3.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-5. Confidential Information

Sec. 5. Except as provided in sections 6, 7, and 8 of this chapter, information obtained by the state department under this chapter concerning chronic disease patients is confidential and may be used by the state department only for the purposes of this chapter.
As added by P.L.212-2003, SEC.3.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-6. Access to Confidential Information

Sec. 6. The state department may grant a researcher access to confidential information obtained under this chapter concerning individual chronic disease patients if the researcher who is requesting additional information for research purposes or soliciting the patient's participation in a research project obtains the following:
(1) First, the oral or written consent of the patient's attending physician.
(2) Second, the patient's written consent by completing a confidential medical release form.
As added by P.L.212-2003, SEC.3.
2023 Indiana Code › Title 16. Health › Article 38. Health Registries › Chapter 6. Chronic Disease Registry › 16-38-6-7. Releasing Confidential Information

Sec. 7. The state department may release confidential information obtained under this chapter concerning individual chronic disease patients to the following:
(1) The chronic disease registry of another state if the following conditions are met:
(A) The other state has entered into a reciprocal agreement with the state department.
(B) The reciprocal agreement under clause (A) states that information that identifies a patient will not be released to any other person without the written consent of the patient.
(2) Physicians and local health officers for diagnostic and treatment purposes if the following conditions are met:
(A) The patient's attending physician gives oral or written consent to the release of the information.
(B) The patient gives written consent by completing a confidential medical release form.
(3) The office of Medicaid policy and planning for purposes related to administering the state Medicaid plan.
As added by P.L.212-2003, SEC.3.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 0.1. Application › 16-39-0.1-1. Application of Prior Law to Confidentiality of Certain Records

Sec. 1. To the extent that IC 5-14-3 and IC 16-4-8 (before its repeal, now codified in this article) apply to the confidentiality of a record in the possession of a state agency under P.L.9-1991 before the transfer of the record required by P.L.9-1991, those statutes apply to the record after the transfer of the record.
As added by P.L.220-2011, SEC.317.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 16-39-1-1. Right of Access; Written Requests; Deadline for Complying With Written Requests

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) Subject to section 5 of this chapter, a provider shall provide the health records requested under this section within thirty (30) days after the date the written request is made, unless the provider:
(1) within the initial thirty (30) days, seeks an extension of not more than thirty (30) days; and
(2) informs the patient in writing of the reasons for the extension and the date by which the provider will provide the health records.
Health records requested under this section must be provided as soon as practicably possible.
(f) In addition to any action taken under IC 16-19-3-18, the state department may impose a fine against a provider not to exceed five thousand dollars ($5,000) for not complying with the requirements of this section.
[Pre-1993 Recodification Citation: 16-4-8-2.]
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; P.L.196-2021, SEC.12.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 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.
[Pre-1993 Recodification Citation: 16-4-8-2.1.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 16-39-1-3. Request for Patient's Health Records; Who May Request

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:
(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;
(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;
(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by:
(A) a child of the deceased patient; or
(B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;
(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d); or
(5) if the deceased patient does not have a surviving spouse or child, and the deceased patient's estate does not have a personal representative, by any responsible member of the family.
(d) If:
(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and
(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;
the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).
[Pre-1993 Recodification Citation: 16-4-8-3.]
As added by P.L.2-1993, SEC.22. Amended by P.L.28-2002, SEC.1; P.L.240-2017, SEC.1; P.L.45-2020, SEC.7.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 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.
[Pre-1993 Recodification Citation: 16-4-8-4.1.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 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.
[Pre-1993 Recodification Citation: 16-4-8-6.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 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.
[Pre-1993 Recodification Citation: 16-4-8-7.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 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.
[Pre-1993 Recodification Citation: 16-4-8-14.]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 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.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 1. Release of Health Records to Patient and Authorized Persons › 16-39-1-9. Alcohol and Drug Abuse Records

Sec. 9. Alcohol and drug abuse records described in 42 U.S.C. 290dd-2 may not be disclosed unless authorized in accordance with 42 U.S.C. 290dd-2.
As added by P.L.4-1997, SEC.3. Amended by P.L.7-2015, SEC.43.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-1. Application of Chapter

Sec. 1. This chapter applies only to mental health records.
[Pre-1993 Recodification Citation: 16-4-8-3.1(a).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-2. Maintenance of Records by Provider; Contents; Dominion; Time Limits

Sec. 2. A record for each patient receiving mental health services shall be maintained by the provider. The mental health record must contain the information that the division of mental health and addiction, the division of disability and rehabilitative services, or the state 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 the patient involved as well as to the provider. The provider shall maintain the original mental health record or a microfilm of the mental health record for at least seven (7) years.
[Pre-1993 Recodification Citation: 16-4-8-3.1(b).]
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.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-3. Confidentiality

Sec. 3. A patient's mental health record is confidential and shall be disclosed only with the consent of the patient unless otherwise provided in the following:
(1) This chapter.
(2) IC 16-39-3.
(3) IC 16-39-4.
(4) IC 16-39-5-3.
[Pre-1993 Recodification Citation: 16-4-8-3.1(c).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-4. Patient Access; Restrictions; Appeal

Sec. 4. A patient is entitled to inspect and copy the patient's own mental health record. However, if the provider that is responsible for the patient's mental health records determines for good medical cause, upon the advice of a physician, that the information requested under this section is detrimental to the physical or mental health of the patient, or is likely to cause the patient to harm the patient or another person, the provider may withhold the information from the patient. If the provider is a state institution or agency, the patient may appeal the provider's refusal to permit the patient to inspect and copy the patient's own record under IC 4-21.5.
[Pre-1993 Recodification Citation: 16-4-8-3.1(d).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-5. Access to Patient's Designee or Legal Representative; Written Request

Sec. 5. (a) This section applies to private and public treating providers.
(b) Upon a patient’s written request and reasonable notice, a patient's mental health record shall be made available for inspection and copying by the provider at any time to an individual or organization designated by the patient or to the patient's legal representative.
(c) A patient’s written request for the release of the patient’s mental 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’s mental health record.
(3) The name of the person, provider, or organization to whom the 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 the mental 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 mental health records is subject to revocation at any time, except to the extent that action has been taken in reliance on the patient's consent.
(9) The date, event, or condition on which the patient's consent to release of mental health records will expire if not previously revoked.
(d) Unless otherwise specified in a written request under this section, a request for release of records is valid for one hundred eighty (180) days after the date the request is made.
(e) A request for release of records under this section may be revoked by the patient at any time, except to the extent that action has been taken in reliance on the consent.
(f) Mental health records requested by the patient to be released under this section may be released by the provider receiving the request, regardless of whether the patient is still receiving services from the provider.
[Pre-1993 Recodification Citation: 16-4-8-3.1(e).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.5.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-5.5. Provider Requirements; Individualized Mental Health Safety Plans

Sec. 5.5. (a) Each psychiatric crisis center, psychiatric inpatient unit, and psychiatric residential treatment provider shall do the following:
(1) Collaboratively develop an individualized mental health safety plan with each patient.
(2) Explain the benefits of coordinating care and sharing individualized mental health safety plans with mental health providers in the community that can help with the patient's safe transition back into the community.
(3) Make a good faith effort before a patient leaves the facility at which the patient is receiving care to obtain the patient's consent to disclose the patient's individualized mental health safety plan with mental health providers, integrated school based mental health providers, mobile integrated healthcare programs (as described in IC 16-31-12), and mental health community paramedicine programs that will be supporting the patient's safe transition back into the community and, if applicable, school.
(b) Upon disclosure of the patient's individualized mental health safety plan described in subsection (a), a mobile integrated healthcare program (as described in IC 16-31-12) or a mental health community paramedicine program may do the following:
(1) Help facilitate services that are determined to be necessary for a patient.
(2) Coordinate, cooperate, and communicate with other licensed mental health professionals, health care professionals, and service providers in the community to implement or continue the individualized mental health safety plan.
(3) Monitor the services to determine the effectiveness of the services.
(4) Adapt the patient's mental health safety plan as needed for the patient's welfare and safety.
As added by P.L.225-2019, SEC.2. Amended by P.L.126-2021, SEC.2.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-7. Discovery or Admissibility Without Patient's Consent

Sec. 7. Except as provided in section 8 of this chapter, the mental health record is not discoverable or admissible in any legal proceeding without the consent of the patient.
[Pre-1993 Recodification Citation: 16-4-8-3.1(g).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-8. Court Ordered Release of Mental Health Records; Provider Provision of Records

Sec. 8. (a) The court may order the release of the patient's mental health record without the patient's consent upon the showing of good cause following a hearing under IC 16-39-3 or in a proceeding under IC 31-30 through IC 31-40 following a hearing held under the Indiana Rules of Trial Procedure.
(b) A provider shall, upon the request of a court that has committed a patient under IC 12-26-7, IC 12-26-8, IC 35-36-2-4, or IC 35-36-3, release to the court any information from the patient's mental health record that is required by the Federal Bureau of Investigation for transmission to NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
[Pre-1993 Recodification Citation: 16-4-8-3.1(h).]
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.96; P.L.131-2014, SEC.7.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 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 persons are entitled to exercise the patient's rights on the patient's behalf:
(1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient.
(2) If the provider determines that the patient is incapable of giving or withholding consent, the patient's guardian, a court appointed representative of the patient, a person possessing a health care power of attorney under IC 30-5-5-16 for the patient, or the patient's health care representative under IC 16-36-1-7 or IC 16-36-7.
(b) A custodial parent and a noncustodial parent of a child have equal access to the child's mental health records unless:
(1) a court has issued an order that limits the noncustodial parent's access to the child's mental health records; and
(2) the provider has received a copy of the court order or has actual knowledge of the court order.
If the provider incurs an additional expense by allowing a parent equal access to a child's mental health records, the provider may require the parent requesting the equal access to pay a fee under IC 16-39-9 to cover the cost of the additional expense.
[Pre-1993 Recodification Citation: 16-4-8-3.1(i).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.7; P.L.50-2021, SEC.64.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-10. Decedents' Records; Consent to Release

Sec. 10. For the purposes of this chapter, consent to the release of a deceased patient's record may be given by the personal representative of the patient's estate. If there is no appointment of a personal representative, consent may be given by:
(1) the patient's spouse; or
(2) if there is no spouse, any responsible member of the patient's family, including a parent, guardian, or custodian of the deceased patient’s minor child.
[Pre-1993 Recodification Citation: 16-4-8-3.1(j).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.8.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-11. Copying Fees

Sec. 11. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter.
[Pre-1993 Recodification Citation: 16-4-8-3.1(k).]
As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.3.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 2. Release of Mental Health Records to Patient and Authorized Persons › 16-39-2-12. Application to Other Mental Health Records Laws

Sec. 12. This chapter does not prohibit the application to mental health records of any law concerning health records that is not addressed by this chapter.
As added by P.L.4-1997, SEC.9.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-1. Application of Chapter

Sec. 1. This chapter applies only to mental health records.
[Pre-1993 Recodification Citation: 16-4-8-3.2(a).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-2. Repealed

[Pre-1993 Recodification Citation: 16-4-8-3.2(b).]
As added by P.L.2-1993, SEC.22. Repealed by P.L.4-1997, SEC.14.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-3. Petition for Release of Patient's Records

Sec. 3. A person:
(1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(a)(10); or
(2) who has filed or is a party to a legal proceeding and who seeks access to a patient's mental health record without the patient's written consent;
may file a petition in a circuit or superior court requesting a release of the patient's mental health record.
[Pre-1993 Recodification Citation: 16-4-8-3.2(c).]
As added by P.L.2-1993, SEC.22. Amended by P.L.108-1996, SEC.5; P.L.156-2020, SEC.70.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-4. Notice of Hearing

Sec. 4. Except as provided in section 8 of this chapter, notice of a hearing to be conducted under this chapter shall be served at least fifteen (15) days in advance on the following:
(1) The patient.
(2) The guardian, guardian ad litem or court appointed special advocate appointed for a minor, parent, or custodian of a patient who is incompetent.
(3) The provider that maintains the record or the attorney general if the provider is a state institution.
[Pre-1993 Recodification Citation: 16-4-8-3.2(d).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-5. Right to Counsel

Sec. 5. If a patient has an attorney, the patient has the right to have an attorney present at a hearing conducted under this chapter. The notice served under section 4 of this chapter must state the patient's right to have an attorney present if the patient has an attorney. If the patient is under an inpatient commitment to a mental health facility at the time a petition under section 3 of this chapter is filed and the patient is unable to afford an attorney, the court shall appoint an attorney for the patient.
[Pre-1993 Recodification Citation: 16-4-8-3.2(e).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-6. Confidential Hearing Record

Sec. 6. A hearing under this chapter shall be conducted in a manner that preserves the confidentiality of the record of the hearing.
[Pre-1993 Recodification Citation: 16-4-8-3.2(f).]
As added by P.L.2-1993, SEC.22.
2023 Indiana Code › Title 16. Health › Article 39. Health Records › Chapter 3. Release of Mental Health Records in Investigations and Legal Proceedings › 16-39-3-7. Release of Records; Necessary Findings

Sec. 7. At the conclusion of the hearing, the court may order the release of the patient's mental health record if the court finds by a preponderance of the evidence that:
(1) other reasonable methods of obtaining the information are not available or would not be effective; and
(2) the need for disclosure outweighs the potential harm to the patient. In weighing the potential harm to the patient, the court shall consider the impact of disclosure on the provider-patient privilege and the patient's rehabilitative process.
[Pre-1993 Recodification Citation: 16-4-8-3.2(g).]
As added by P.L.2-1993, SEC.22.