Ind. Code ch. 16-39-7

in effect

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-4-8-12.] As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.

Ind. Code § 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 image" includes a microfilm copy of an x-ray film and a digital image of an x-ray. (c) A provider shall maintain a patient's x-ray image for at least five (5) years. (d) At the time an x-ray image is taken, the provider shall do one (1) of the following: (1) Inform the patient in writing of the following: (A) The patient's x-ray image 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 image during that period, the provider will provide the patient with a copy of the x-ray image at no cost, 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 images 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 image at no cost to the provider. (e) A provider is immune from civil liability for destroying or otherwise failing to maintain an x-ray image in violation of this section if the destruction or failure to maintain the x-ray image 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. [Pre-1993 Recodification Citation: 16-4-8-13.] As added by P.L.2-1993, SEC.22. Amended by P.L.86-2001, SEC.1; P.L.215-2025, SEC.25.

Ind. Code § 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 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.

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