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IC 16-39-7-2
Maintenance of x-rays by providers; mammograms; violations;
civil liability
Sec. 2. (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 film" includes a microfilm copy
of the x-ray film.
(c) A provider shall maintain a patient's x-ray film for at least five
(5) years.
(d) At the time an x-ray film 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 film 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 film during
that period, the provider will provide the patient with a copy
of the x-ray film at the actual cost to the provider, 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 films 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 film at the actual cost
to the provider.
(e) A provider is immune from civil liability for destroying or
otherwise failing to maintain an x-ray film in violation of this section
if the destruction or failure to maintain the x-ray film 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.
As added by P.L.2-1993, SEC.22. Amended by P.L.86-2001, SEC.1.
IC 16-39-7-3
Original mammogram films; maintenance; transfer
Sec. 3. (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).