2015 Indiana Code TITLE 16. HEALTH ARTICLE 39. HEALTH RECORDS CHAPTER 3. RELEASE OF MENTAL HEALTH RECORDS IN INVESTIGATIONS AND LEGAL PROCEEDINGS
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IC 16-39-3
Chapter 3. Release of Mental Health Records in Investigations
and Legal Proceedings
IC 16-39-3-1
Application of chapter
Sec. 1. This chapter applies only to mental health records.
As added by P.L.2-1993, SEC.22.
IC 16-39-3-2
Repealed
(Repealed by P.L.4-1997, SEC.14.)
IC 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(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.
As added by P.L.2-1993, SEC.22. Amended by P.L.108-1996, SEC.5.
IC 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.
As added by P.L.2-1993, SEC.22.
IC 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
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attorney for the patient.
As added by P.L.2-1993, SEC.22.
IC 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.
As added by P.L.2-1993, SEC.22.
IC 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.
As added by P.L.2-1993, SEC.22.
IC 16-39-3-8
Child in need of services; petition for emergency hearing on
request for records of parent, guardian, or custodian
Sec. 8. If an emergency exists in which a child is alleged to be a
child in need of services under IC 31-34-1 and the department of
child services seeks access to the mental health records of the parent,
guardian, or custodian of the child as a part of a preliminary inquiry
under IC 31-34-7, the department of child services may file a verified
petition, which sets forth the facts the department of child services
alleges constitute an emergency, seeking an emergency hearing under
this section. A request for access to a patient's mental health record
under this section shall be heard by the juvenile court having
jurisdiction under IC 31-30 through IC 31-40. Notice of a hearing to
be conducted under this section shall be served not later than
twenty-four (24) hours before the hearing to all persons entitled to
receive notice under section 4 of this chapter. If actual notice cannot
be given, the department of child services shall file with the court an
affidavit stating that verbal notice or written notice left at the last
known address of the respondent was attempted not less than
twenty-four (24) hours before the hearing. A hearing under this
section shall be held not later than forty-eight (48) hours after the
petition for an emergency hearing is filed. The juvenile court shall
enter written findings concerning the release or denial of the release
of the mental health records of the parent, guardian, or custodian. The
juvenile court shall order the release of the mental health records if
the court finds the following by a preponderance of the evidence:
(1) Other reasonable methods of obtaining the information
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sought are not available or would not be effective.
(2) The need for disclosure in the best interests of the child
outweighs the potential harm to the patient caused by a
necessary disclosure. In weighing the potential harm to the
patient, the juvenile court shall consider the impact of disclosure
on the provider-patient relationship and the patient's
rehabilitative process.
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1993, SEC.245;
P.L.5-1993, SEC.258; P.L.1-1997, SEC.97; P.L.146-2008, SEC.448.
IC 16-39-3-9
Court order authorizing release of records; requisites
Sec. 9. A court order authorizing release of a patient's mental
health record under this chapter must do the following:
(1) Limit disclosure to those parts of the patient's record that are
essential to fulfill the objective of the order.
(2) Limit disclosure to those persons whose need for
information is the basis of the order.
(3) Include other measures necessary to limit disclosure for the
protection of the patient, the provider-patient privilege, and the
rehabilitative process.
As added by P.L.2-1993, SEC.22.
IC 16-39-3-10
Admission of record or related testimony in evidence;
confidentiality
Sec. 10. If a patient's mental health record or testimony related to
a patient's mental health is offered or admitted into evidence in a
legal proceeding, the court shall maintain the record or transcript of
the testimony as a confidential court record. The record or transcript
may not be used in any other proceeding or for any other purpose.
As added by P.L.2-1993, SEC.22.
IC 16-39-3-11
Proceedings under IC 31-6; exception
Sec. 11. Except as provided in section 8 of this chapter:
(1) this chapter;
(2) the hearing process described in this chapter; and
(3) the standards described in this chapter;
do not apply to proceedings under IC 31-30 through IC 31-40. A
proceeding for access to a patient's mental health records under
IC 31-30 through IC 31-40 is subject to the Indiana Rules of Trial
Procedure.
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.98.
IC 16-39-3-12
Copying fees
Sec. 12. IC 16-39-9 governs the fees that may be charged for
making and providing copies of records under this chapter.
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As added by P.L.102-1994, SEC.4.
IC 16-39-3-13
Application to other mental health records laws
Sec. 13. 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.10.
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