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 image" includes a microfilm copy of an x-ray film and a digital image of an x-ray.
(c) A provider shall maintain a patient's x-ray image for at least five (5) years.
(d) At the time an x-ray image 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 image 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 image during that period, the provider will provide the patient with a copy of the x-ray image at no cost, 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 images 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 image at no cost to the provider.
(e) A provider is immune from civil liability for destroying or otherwise failing to maintain an x-ray image in violation of this section if the destruction or failure to maintain the x-ray image 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.