§ 16-39-7.1-3 — Access to records; confidentiality

Indiana § 16-39-7.1-3

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 39: HEALTH RECORDS
• Ch. 7.1: Autopsy Records

Text

(a) A surviving spouse may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse, the
surviving parents shall have access to the records under this subsection.
If there is no surviving spouse or parent, an adult child shall have
access to the records.
(b) Upon making a written request, a unit (as defined in IC 36-1-2-23), the state, an agency of the state, the federal government, or
an agency of the federal government, while in performance of their
official duty, may:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance of their
duties, the identity of the deceased must remain confidential.
(c) The physician having custody of a photograph, a video
recording, or an audio recording of an autopsy may use or allow the use
of the photograph, video recording, or audio recording of the autopsy
for case consultation with a pathologist or forensic scientist. The
physician having custody of a photograph, a video recording, or an
audio recording of an autopsy may also use or allow the use of the
photograph, video recording, or audio recording of the autopsy for
training or educational purposes if all information that identifies the
individual on whom the autopsy was performed is masked or removed
from the photograph, video recording, or audio recording. For purposes
of this subsection, information that identifies an individual consists of:
(1) the name;
(2) the address;
(3) the Social Security number;
(4) a full view of the face; or
(5) identifying marks on the body that are unrelated to the
educational purpose of the information or to the medical condition
or the medical status;
of the deceased individual. A physician who allows the use of autopsy
information under this subsection has a duty to disclose to each person
to whom the physician releases it that the information is confidential
and may not be used for a purpose other than the purpose for which it
was originally released. A physician who fails to disclose the
confidentiality restrictions of this information commits a Class A
misdemeanor.
(d) Except as provided in subsection (c), the physician having
custody of a photograph, a video recording, or an audio recording of an
autopsy may not permit a person to:
(1) view and copy a photograph or video recording; and
(2) listen to and copy an audio recording;
of an autopsy without a court order.
(e) Information disclosed under subsection (c) is confidential.

Legislative History

As added by P.L.271-2001, SEC.3. Amended by P.L.179-2003, SEC.3.