2015 Indiana Code TITLE 16. HEALTH ARTICLE 39. HEALTH RECORDS CHAPTER 7. MAINTENANCE OF HEALTH RECORDS, X-RAYS, AND OTHER TESTS
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IC 16-39-7
Chapter 7. Maintenance of Health Records, X-rays, and Other
Tests
IC 16-39-7-1
Maintenance of health records by providers; violations
Sec. 1. (a) As used in this section, "provider" means the following:
(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 or IC 12-25
or described in IC 12-24 or IC 12-29.
(b) A provider shall maintain the original health records or
microfilms of the records for at least seven (7) years.
(c) A provider who violates subsection (b) commits an offense for
which a board may impose disciplinary sanctions against the provider
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 or
failing to maintain a health record in violation of this section if the
destruction or failure to maintain the health record occurred in
connection with a disaster emergency as declared by the governor
under IC 10-14-3-12 or other disaster, unless the destruction or
failure to maintain the health record was due to negligence by the
provider.
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 copy
of 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:
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(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 during
that period, the provider will provide the patient with a copy
of the x-ray film at the actual cost to the provider, as
provided in IC 16-39-1-2.
(2) Have posted conspicuously in the x-ray examination area a
sign informing patients of the following:
(A) All x-ray films will be kept on file by a provider for at
least five (5) years.
(B) On request during that time, the provider will provide the
patient a copy of the patient's x-ray film at the actual cost to
the provider.
(e) A provider is immune from civil liability for destroying or
otherwise failing to maintain an x-ray film in violation of this section
if the destruction or failure to maintain the x-ray film is inadvertent
and not done in bad faith. However, this subsection does not prevent
the imposition of disciplinary sanctions against the provider, as
described in subsection (f).
(f) A provider who violates this section commits an offense for
which a board may impose disciplinary sanctions against the provider
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 shall
maintain a patient's original mammogram films and reports
concerning the mammogram films in a permanent medical record of
the patient for not less than:
(1) five (5) years; or
(2) if the provider performs no additional mammograms of the
patient, ten (10) years;
after the date the original mammogram films were taken.
(b) Upon request by or on behalf of a patient, a provider shall
permanently or temporarily transfer a patient's original mammogram
films 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 films
and copies of reports under subsection (b) may not exceed the
provider's actual cost in providing the films and reports.
(d) At the time a mammogram is taken, the provider shall inform
the patient in writing of:
(1) the length of time that the patient's original mammogram
films will be maintained; and
(2) the procedure for obtaining the original mammogram films
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and copies of reports concerning the mammogram films as
described in subsection (b).
(e) A provider is immune from civil liability for destroying or
otherwise failing to maintain a patient's original mammogram films
or reports concerning the mammogram films in violation of this
section if the destruction or failure to maintain the original
mammogram films or reports is inadvertent and not done in bad faith.
However, this subsection does not prevent the imposition of
disciplinary sanctions against the provider, as described in subsection
(f).
(f) A provider who violates this section commits an offense for
which a board may impose disciplinary sanctions against the provider
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 federal
regulations regarding the maintenance and storage of x-ray film taken
as a supplemental medical diagnostic tool to mammography, the state
department shall make reasonable attempts to promptly notify all
x-ray facilities providing mammographic x-ray services regarding the
change.
As added by P.L.86-2001, SEC.2.
Indiana Code 2015
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