§ 16-32-4-5 — Confidential information; release of information prohibited; court orders; liberal construction of section

Indiana § 16-32-4-5

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 32: PERSONS WITH DISABILITIES
• Ch. 4: Developmental Disability Bracelet and Identification

Text

(a) Except as provided in subsection (c),
information collected under this chapter:
(1) is confidential; and
(2) is exempt from disclosure.
(b) Information collected under this chapter may not be released
under a subpoena, search warrant, or any civil discovery proceedings.
(c) A court, acting on a pleading or motion, may issue an order
directing the release of specific information collected under this
chapter after all the following have occurred:
(1) The person requesting the court order has sent the state
department a pleading or motion:
(A) stating that an emergency exists and that the information
cannot be collected through any other means; and
(B) requesting that the information be released.
(2) The state department has been allowed to respond to the
pleading or motion requesting the release of information.
(3) The court has conducted an in camera review of the requested
information.
(4) After considering the response of the state department and
reviewing the information submitted to the court, the court finds
by clear and convincing evidence that:
(A) an emergency exists and that the information cannot be
collected through any other means; and
(B) the reasons for ordering release of the information outweigh
the reasons for not disclosing the information.
(d) This section shall be construed liberally to protect the
confidentiality and prevent the disclosure of the information collected
by the state department under this chapter.

Legislative History

As added by P.L.56-2016, SEC.2.