IC 16-39-2-9 — Exercise of patient's rights by others; equal access to records; fees
Chapter 2. Release of Mental Health Records to Patient and Authorized Persons
Section text
Sec. 9. (a) For the purposes of this chapter, the following persons are entitled to exercise the patient's rights on the patient's behalf: (1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient. (2) If the provider determines that the patient is incapable of giving or withholding consent, the patient's guardian, a court appointed representative of the patient, a person possessing a health care power of attorney under IC 30-5-5-16 for the patient, or the patient's health care representative under IC 16-36-1-7 or IC 16-36-7. (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.
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997, SEC.7; P.L.50-2021, SEC.64.
Source: official publisher (2026 edition)