§ 16-39-4-3 — Summary response from provider; limitation for mental health information to school; requirement of confidentiality agreement; immunity

(a) If a provider has received a written request
under section 2(b) of this chapter, the provider shall provide the
following information to the individual who made the request or, if the
request is made under section 2(c) of this chapter, the patient's school
principal or school leader:
(1) A summary of the patient's diagnosis.
(2) A summary of the information required to be given to the
patient under IC 12-27-6-2 and IC 12-27-6-3.
(3) The types of medication that have been prescribed for the
patient.
(4) A summary of the patient's prognosis.
If the information is provided after a request is made under section 2(c)
of this chapter, the provider shall limit the information provided to
information concerning the patient's mental health. The school
principal or school leader shall keep the information the principal or
school leader receives under this section confidential.
(b) A school principal or school leader who receives information
and mental health records under this chapter shall sign a confidentiality
agreement prescribed by the provider confirming that the information
and mental health records released by the provider may not be
disclosed by the principal except to the minimum necessary extent
required to:
(1) inform necessary school staff of the principal's or school
leader's decision regarding the student's fitness for school
attendance and participation in services; or
(2) satisfy duties imposed upon the principal or school leader by
law.
(c) A school principal or school leader who receives information
and mental health records under this chapter is immune from civil,
criminal, and administrative liability for disclosures made pursuant to
this chapter.
[Pre-1993 Recodification Citation: 16-4-8-3.3(c).]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.41-2014, SEC.2.