Indiana Statutes
§ 16-39-3-7 — Release of records; necessary findings
Indiana·Title 16 HEALTH·Art. 39 HEALTH RECORDS·Ch. 3 Release of Mental Health Records in Investigations and
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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Related
Thompson v. State
765 N.E.2d 1273 (Indiana Supreme Court, 2002)
Jon L. Norton, Jr. v. State of Indiana
(Indiana Court of Appeals, 2019)
Darryl S. Newell v. State of Indiana
(Indiana Court of Appeals, 2014)
Legislative History
As added by P.L.2-1993, SEC.22.
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