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.
[Pre-1993 Recodification Citation: 16-4-8-3.1(b).]
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.
Structure Indiana Code
Chapter 2. Release of Mental Health Records to Patient and Authorized Persons
16-39-2-1. Application of Chapter
16-39-2-2. Maintenance of Records by Provider; Contents; Dominion; Time Limits
16-39-2-4. Patient Access; Restrictions; Appeal
16-39-2-5. Access to Patient's Designee or Legal Representative; Written Request
16-39-2-5.5. Provider Requirements; Individualized Mental Health Safety Plans
16-39-2-6. Disclosure Without Patient's Consent; Interpretation of Records; Immunities
16-39-2-7. Discovery or Admissibility Without Patient's Consent
16-39-2-8. Court Ordered Release of Mental Health Records; Provider Provision of Records
16-39-2-9. Exercise of Patient's Rights by Others; Equal Access to Records; Fees