Section 16-39-1-3 - Request for patient's health records; who may request(a) Health records may be requested by a competent patient if the patient is:(1) emancipated and less than eighteen (18) years of age; or(2) at least eighteen (18) years of age.(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.(c) Health records of a deceased patient may be requested:(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by:(A) a child of the deceased patient; or(B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d); or(5) if the deceased patient does not have a surviving spouse or child, and the deceased patient's estate does not have a personal representative, by any responsible member of the family.(d) If: (1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7; the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).
Pre-1993 Recodification Citation: 16-4-8-3.
Amended by P.L. 45-2020,SEC. 7, eff. 4/1/2020.Amended by P.L. 240-2017,SEC. 1, eff. 7/1/2017.As added by P.L. 2-1993, SEC.22. Amended by P.L. 28-2002, SEC.1.