Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 16-39-7
     Chapter 7. Maintenance of Health Records, X-rays, and Other Tests

IC 16-39-7-1
Maintenance of health records by providers; violations
    
Sec. 1. (a) As used in this section, "provider" means the following:
        (1) A physician.
        (2) A dentist.
        (3) A registered nurse.
        (4) A licensed practical nurse.
        (5) An optometrist.
        (6) A podiatrist.
        (7) A chiropractor.
        (8) A physical therapist.
        (9) A psychologist.
        (10) An audiologist.
        (11) A speech-language pathologist.
        (12) A home health agency licensed under IC 16-27.
        (13) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24 or IC 12-29.
    (b) A provider shall maintain the original health records or microfilms of the records for at least seven (7) years.
    (c) A provider who violates subsection (b) commits an offense for which a board may impose disciplinary sanctions against the provider under the law that governs the provider's licensure, registration, or certification under this title or IC 25.
    (d) A provider is immune from civil liability for destroying or failing to maintain a health record in violation of this section if the destruction or failure to maintain the health record occurred in connection with a disaster emergency as declared by the governor under IC 10-14-3-12 or other disaster, unless the destruction or failure to maintain the health record was due to negligence by the provider.
As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.

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).


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