# Ind. Code § 16-39-1-3: Request for patient's health records; who may request

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-3

## Section

- **Citation:** Ind. Code § 16-39-1-3
- **Heading:** Request for patient's health records; who may request
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 16 / Article 39 / Chapter 1 / Section 16-39-1-3

## Text

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.

## Nearby sections

- [Ind. Code § 16-39-1-1 Right of access; written requests; deadline for complying with written requests](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-1.md)
- [Ind. Code § 16-39-1-2 X-rays](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-2.md)
- [Ind. Code § 16-39-1-3 Request for patient's health records; who may request](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-3.md)
- [Ind. Code § 16-39-1-4 Patient's written consent for release of records; contents](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-4.md)
- [Ind. Code § 16-39-1-5 Withholding requested information](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-5.md)
- [Ind. Code § 16-39-1-6 Inpatient requests](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-6.md)
- [Ind. Code § 16-39-1-7 Child's health records; access to custodial and noncustodial parents](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-7.md)
- [Ind. Code § 16-39-1-8 Copying fees](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-8.md)
- [Ind. Code § 16-39-1-9 Alcohol and drug abuse records](https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T16_A39_C1_S16-39-1-3. Check the current official text before relying on it. Not legal advice.