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Ind. Code § 16-39-7-1

Maintenance of health records by providers; violations

Applied in 1 court decision — leading case Howard Regional Health System v. Gordon Ex Rel. Gordon (2010)

Most recently applied in Howard Regional Health System v. Gordon Ex Rel. Gordon (April 2010)

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

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.

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