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Ind. Code § 16-39-3-7

Release of records; necessary findings

Applied in 1 court decision — leading case Thompson v. State (2002)

Most recently applied in Thompson v. State (April 2002)

As added by P.L.2-1993, SEC.22.

Sec. 7. At the conclusion of the hearing, the court may order the release of the patient's mental health record if the court finds by a preponderance of the evidence that:

(1) other reasonable methods of obtaining the information are not available or would not be effective; and

(2) the need for disclosure outweighs the potential harm to the patient. In weighing the potential harm to the patient, the court shall consider the impact of disclosure on the provider-patient privilege and the patient's rehabilitative process.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.