Ind. Code ch. 16-39-1

in effect

Ind. Code § 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.

Ind. Code § 16-39-1-2 X-rays

Sec. 2. Upon a patient's written request and reasonable notice, a provider shall, at no cost, provide to the patient or the patient's designee: (1) access to; or (2) a copy of; the patient's x-ray image possessed by the provider. [Pre-1993 Recodification Citation: 16-4-8-2.1.] As added by P.L.2-1993, SEC.22. Amended by P.L.215-2025, SEC.24.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026