§ 16-39-7-2 — Maintenance of x-rays by providers; mammograms; violations; civil liability

(a) This section does not apply to original
mammograms, which are governed by section 3 of this chapter.
(b) As used in this section, "x-ray image" includes a microfilm copy
of an x-ray film and a digital image of an x-ray.
(c) A provider shall maintain a patient's x-ray image for at least five
(5) years.
(d) At the time an x-ray image is taken, the provider shall do one (1)
of the following:
(1) Inform the patient in writing of the following:
(A) The patient's x-ray image will be kept on file by the
provider for at least five (5) years.
(B) If the patient would like a copy of the x-ray image during
that period, the provider will provide the patient with a copy of
the x-ray image at no cost, as provided in IC 16-39-1-2.
(2) Have posted conspicuously in the x-ray examination area a
sign informing patients of the following:
(A) All x-ray images will be kept on file by a provider for at
least five (5) years.
(B) On request during that time, the provider will provide the
patient a copy of the patient's x-ray image at no cost to the
provider.
(e) A provider is immune from civil liability for destroying or
otherwise failing to maintain an x-ray image in violation of this section
if the destruction or failure to maintain the x-ray image is inadvertent
and not done in bad faith. However, this subsection does not prevent
the imposition of disciplinary sanctions against the provider, as
described in subsection (f).
(f) A provider who violates this section commits an offense for
which a board may impose disciplinary sanctions against the provider
under the statute that governs the provider's licensure, registration, or
certification under this title or IC 25.
[Pre-1993 Recodification Citation: 16-4-8-13.]

Legislative History

As added by P.L.2-1993, SEC.22. Amended by P.L.86-2001, SEC.1; P.L.215-2025, SEC.25.