§ 11-10-4-9 — Transfer of mental health and health records

(a) As used in this section, "mental health
record" has the meaning set forth in IC 16-18-2-226.
(b) Subject to the conditions described in subsection (e), a
psychiatrist or behavioral health care provider may, with or without the
offender's consent, provide a copy of an offender's health and mental
health records to a facility, an agency, or a health care provider
responsible for the incarceration of an offender. The facility or agency
responsible for the incarceration of an offender shall maintain any
health and mental health records provided under this subsection as part
of the offender's health record.
(c) Subject to the conditions described in subsection (e), if an
offender is transferred to a different facility, the operator of the facility
or agency from which the offender is transferred shall provide the
offender's health and mental health records to the facility that is used
to:
(1) house; or
(2) provide mental health treatment to;
the offender, including a county jail or a community mental health
center.
(d) The department shall maintain health and mental health records
for each offender incarcerated by the department. Subject to the
conditions described in subsection (e), after an offender is released
from incarceration, the department shall provide the offender's health
and mental health records, if any, to a mental health facility, mental
health provider, or designated health care provider that is providing
mental health treatment to the offender.
(e) An offender's health and mental health records may be disclosed
under this section only if the records are necessary for:
(1) the provision of health care to the offender;
(2) the health and safety of the offender or other offenders;
(3) the health and safety of others at the facility;
(4) the health and safety of persons responsible for transporting
or transferring the offender from one location to another;
(5) law enforcement on the premises of a facility; or
(6) the administration and maintenance of the safety, security, and
good order of the facility.
(f) All records covered under this section are subject to privacy and
confidentiality laws, rules, and procedures enacted by the state or
federal government.

Legislative History

As added by P.L.93-2007, SEC.1.