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Ind. Code Ann. § 16-39-2-9 - Exercise of patient’s right by others; equal access to child's mental health records by child's parents

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This law allows certain people to exercise a patient’s rights on the patient’s behalf:

  • Parent/guardian/court appointed representative, if the patient is a minor
  • Patient’s guardian/court appointed representative/person with health care power of attorney/health care representative, if health care provider determines that the patient is incapable of making a determination on consent.

The law allows both custodial and noncustodial parents of a child access to the child’s mental health record unless a court has issued an order limiting the noncustodial parent’s access, and the provider has a copy of this court order or has actual knowledge of the existence of such a court order.
The law allows a provider to charge a fee to any parent requesting equal access to cover any additional expense the provider might incur in providing the equal access.

Current as of June 2015