Request for patient's health records; who may request

Sec. 3. (a) Health records may be requested by a competent patient if the patient is:

(1) emancipated and less than eighteen (18) years of age; or

(2) at least eighteen (18) years of age.

(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.

(c) Health records of a deceased patient may be requested:

(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;

(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;

(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by:

(A) a child of the deceased patient; or

(B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;

(4) if the deceased patient was an incapacitated person for whom a guardian had been appointed under IC 29-3 or the law of another state, by the guardian of the deceased patient, except as provided in subsection (d); or

(5) if the deceased patient does not have a surviving spouse or child, and the deceased patient's estate does not have a personal representative, by any responsible member of the family.

(d) If:

(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and

(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;

the guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).

[Pre-1993 Recodification Citation: 16-4-8-3.]

As added by P.L.2-1993, SEC.22. Amended by P.L.28-2002, SEC.1; P.L.240-2017, SEC.1; P.L.45-2020, SEC.7.