Indiana Code 16-39-2-9. Exercise of patient’s rights by others; equal access to records; fees
(1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient.
Terms Used In Indiana Code 16-39-2-9
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(b) A custodial parent and a noncustodial parent of a child have equal access to the child’s mental health records unless:
(1) a court has issued an order that limits the noncustodial parent’s access to the child’s mental health records; and
(2) the provider has received a copy of the court order or has actual knowledge of the court order.
If the provider incurs an additional expense by allowing a parent equal access to a child’s mental health records, the provider may require the parent requesting the equal access to pay a fee under IC 16-39-9 to cover the cost of the additional expense.
[Pre-1993 Recodification Citation: 16-4-8-3.1(i).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.7; P.L.50-2021, SEC.64.