§ 16-39-7-1 — Maintenance of health records by providers; violations

(a) As used in this section, "provider" means
the following:
(1) A physician.
(2) A dentist.
(3) A registered nurse.
(4) A licensed practical nurse.
(5) An optometrist.
(6) A podiatrist.
(7) A chiropractor.
(8) A physical therapist.
(9) A psychologist.
(10) An audiologist.
(11) A speech-language pathologist.
(12) A home health agency licensed under IC 16-27.
(13) A hospital or facility licensed under IC 16-21-2 or IC 12-25
or described in IC 12-24 or IC 12-29.
(b) A provider shall maintain the original health records or
microfilms of the records for at least seven (7) years.
(c) A provider who violates subsection (b) commits an offense for
which a board may impose disciplinary sanctions against the provider
under the law that governs the provider's licensure, registration, or
certification under this title or IC 25.
(d) A provider is immune from civil liability for destroying or
failing to maintain a health record in violation of this section if the
destruction or failure to maintain the health record occurred in
connection with a disaster emergency as declared by the governor
under IC 10-14-3-12 or other disaster, unless the destruction or failure
to maintain the health record was due to negligence by the provider.
[Pre-1993 Recodification Citation: 16-4-8-12.]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.