§ 16-39-2-5 — Access to patient's designee or legal representative; written request

(a) This section applies to private and public
treating providers.
(b) Upon a patient’s written request and reasonable notice, a
patient's mental health record shall be made available for inspection
and copying by the provider at any time to an individual or organization
designated by the patient or to the patient's legal representative.
(c) A patient’s written request for the release of the patient’s mental
health record under this section must include the following:
(1) The name of the patient.
(2) The name of the person requested to release the patient’s
mental health record.
(3) The name of the person, provider, or organization to whom the
patient’s mental health record is to be released.
(4) The purpose of the release.
(5) A description of the information to be released from the
mental health record.
(6) The signature of the patient.
(7) The date the request is signed.
(8) A statement that the patient's consent to release of mental
health records is subject to revocation at any time, except to the
extent that action has been taken in reliance on the patient's
consent.
(9) The date, event, or condition on which the patient's consent to
release of mental health records will expire if not previously
revoked.
(d) Unless otherwise specified in a written request under this
section, a request for release of records is valid for one hundred eighty
(180) days after the date the request is made.
(e) A request for release of records under this section may be
revoked by the patient at any time, except to the extent that action has
been taken in reliance on the consent.
(f) Mental health records requested by the patient to be released
under this section may be released by the provider receiving the
request, regardless of whether the patient is still receiving services
from the provider.
[Pre-1993 Recodification Citation: 16-4-8-3.1(e).]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.5.