Indiana § 16-39-3-7 Release of records; necessary findings

Indiana Statutes

§ 16-39-3-7 — Release of records; necessary findings

Indiana § 16-39-3-7

Title 16HEALTH

Art. 39HEALTH RECORDS

Ch. 3Release of Mental Health Records in Investigations and

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Bluebook

Ind. Code § 16-39-3-7 (2026).

Text

At the conclusion of the hearing, the court may order the release of the patient's mental health record if the court finds by a preponderance of the evidence that:

(1)other reasonable methods of obtaining the information are not available or would not be effective; and

(2)the need for disclosure outweighs the potential harm to the patient. In weighing the potential harm to the patient, the court shall consider the impact of disclosure on the provider-patient privilege and the patient's rehabilitative process. [Pre-1993 Recodification Citation: 16-4-8-3.2(g).]

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At the conclusion of the hearing, the court may
order the release of the patient's mental health record if the court finds
by a preponderance of the evidence that:
(1) other reasonable methods of obtaining the information are not
available or would not be effective; and
(2) the need for disclosure outweighs the potential harm to the
patient. In weighing the potential harm to the patient, the court
shall consider the impact of disclosure on the provider-patient
privilege and the patient's rehabilitative process.
[Pre-1993 Recodification Citation: 16-4-8-3.2(g).]