Sec. 8. (a) The court may order the release of the patient's mental health record without the patient's consent upon the showing of good cause following a hearing under IC 16-39-3 or in a proceeding under IC 31-30 through IC 31-40 following a hearing held under the Indiana Rules of Trial Procedure.
(b) A provider shall, upon the request of a court that has committed a patient under IC 12-26-7, IC 12-26-8, IC 35-36-2-4, or IC 35-36-3, release to the court any information from the patient's mental health record that is required by the Federal Bureau of Investigation for transmission to NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
[Pre-1993 Recodification Citation: 16-4-8-3.1(h).]
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997, SEC.96; P.L.131-2014, SEC.7.
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