2015 Indiana Code TITLE 16. HEALTH ARTICLE 39. HEALTH RECORDS CHAPTER 2. RELEASE OF MENTAL HEALTH RECORDS TO PATIENT AND AUTHORIZED PERSONS
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IC 16-39-2
Chapter 2. Release of Mental Health Records to Patient and
Authorized 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; 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.
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 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.
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 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
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appeal the provider's refusal to permit the patient to inspect and copy
the 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 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.
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 mental
health record may only be disclosed as follows:
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(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 in IC 12-7-2-127);
or
(iii) a health care provider or mental health care provider,
if the mental health records are needed to provide health
care or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring
of services.
(2) To the extent necessary to obtain payment for services
rendered 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 Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability and rehabilitative services, or the
rules of the provider.
(5) To the division of mental health and addiction for the
purpose of data collection, research, and monitoring managed
care providers (as defined in IC 12-7-2-127) who are operating
under a contract with the division of mental health and
addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer
or agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's
history of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
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(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information
will assist the school in meeting educational needs of the
patient.
(10) To the extent necessary to satisfy reporting requirements
under 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 information
requirements 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 in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.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 determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the
patient has a history of violence or presents a danger to the
person under protection.
(16) To the statewide waiver ombudsman established under
IC 12-11-13, in the performance of the ombudsman's duties.
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(b) After information is disclosed under subsection (a)(15) and if
the patient is evaluated to be dangerous, the records shall be
interpreted in consultation with a licensed mental health professional
on 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; P.L.134-2013, SEC.1; P.L.233-2015, SEC.28.
IC 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.
As added by P.L.2-1993, SEC.22.
IC 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.
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.96;
P.L.131-2014, SEC.7.
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 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 for the patient, or the patient's
health care representative.
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(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.
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 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.
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 for
making 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 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.
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