§ 16-39-7-3 — Original mammogram films; maintenance; transfer

(a) Except as provided in subsection (b), a
provider shall maintain a patient's original mammogram films and
reports concerning the mammogram films in a permanent medical
record of the patient for not less than:
(1) five (5) years; or
(2) if the provider performs no additional mammograms of the
patient, ten (10) years;
after the date the original mammogram films were taken.
(b) Upon request by or on behalf of a patient, a provider shall
permanently or temporarily transfer a patient's original mammogram
films and copies of any reports concerning the mammogram films to:
(1) a medical institution;
(2) a physician or other health care provider of the patient; or
(3) the patient.
(c) Any fee charged to a patient for providing mammogram films
and copies of reports under subsection (b) may not exceed the
provider's actual cost in providing the films and reports.
(d) At the time a mammogram is taken, the provider shall inform the
patient in writing of:
(1) the length of time that the patient's original mammogram films
will be maintained; and
(2) the procedure for obtaining the original mammogram films
and copies of reports concerning the mammogram films as
described in subsection (b).
(e) A provider is immune from civil liability for destroying or
otherwise failing to maintain a patient's original mammogram films or
reports concerning the mammogram films in violation of this section
if the destruction or failure to maintain the original mammogram films
or reports 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.
(g) Upon receiving written notice of a change in federal regulations
regarding the maintenance and storage of x-ray film taken as a
supplemental medical diagnostic tool to mammography, the state
department shall make reasonable attempts to promptly notify all x-ray
facilities providing mammographic x-ray services regarding the
change.

Legislative History

As added by P.L.86-2001, SEC.2.