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

Terms Used In Indiana Code 16-39-3-7

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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.

[Pre-1993 Recodification Citation: 16-4-8-3.2(g).]

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