IC 16-39-2

Release of Mental Health Records

This Indiana chapter establishes confidentiality, maintenance, and disclosure rules for mental health records held by any provider delivering mental health services. Providers must maintain records for at least seven years, keep them confidential, and may only release them with patient consent or under specific statutory exceptions (e.g., court order, emergency, law enforcement). Section 5.5 additionally requires psychiatric crisis centers, psychiatric inpatient units, and psychiatric residential treatment providers to collaboratively develop individualized mental health safety plans with patients and make good-faith efforts to share those plans with community providers upon discharge.

Chapter 2. Release of Mental Health Records to Patient and
Authorized Persons

16-39-2-1
Application of chapter
 
16-39-2-2
Maintenance of records by provider
 
16-39-2-3
Confidentiality
 
16-39-2-4
Patient access; restrictions; appeal
 
16-39-2-5
Access to patient's designee or legal
representative; written request
 
16-39-2-5.5
Provider requirements; individualized mental
health safety plans
 
16-39-2-6
Disclosure without patient's consent;
interpretation of records; immunities
 
16-39-2-7
Discovery or admissibility without patient's
consent
 
16-39-2-8
Court ordered release of mental health records;
provider provision of records
 
16-39-2-9
Exercise of patient's rights by others; equal access
to records; fees
 
16-39-2-10
Decedents' records; consent to release
 
16-39-2-11
Copying fees
 
16-39-2-12
Application to other mental health records laws
 
IC 16-39-2-1
Application of chapter
 
Sec. 1. This chapter applies only to mental health
records.
[Pre-1993 Recodification Citation: 16-4-8-3.1(a).]
As added by P.L.2-1993, SEC.22.
 
IC 16-39-2-2
Maintenance of records by provider
 
Sec. 2. A record for each patient receiving mental
health services shall be maintained by the provider. The mental health
record must contain the information that the division of mental health
and addiction, the division of disability, aging, and rehabilitative
services, or the state department requires by rule. The provider is:
(1) the owner of the mental health record;
(2) responsible for the record's safekeeping; and
(3) entitled to retain possession of the record.
The information contained in the mental health record belongs to the
patient involved as well as to the provider. The provider shall maintain
the original mental health record or a microfilm of the mental health
record for at least seven (7) years.
[Pre-1993 Recodification Citation: 16-4-8-3.1(b).]
As added by P.L.2-1993, SEC.22. Amended by P.L.40-1994,
SEC.67; P.L.4-1997, SEC.4; P.L.215-2001, SEC.84; P.L.141-2006,
SEC.90; P.L.122-2026, SEC.93.
 
IC 16-39-2-3
Confidentiality
 
Sec. 3. A patient's mental health record is confidential
and shall be disclosed only with the consent of the patient unless
otherwise provided in the following:
(1) This chapter.
(2) 
IC 16-39-3
.
(3) 
IC 16-39-4
.
(4) 
IC 16-39-5-3
.
[Pre-1993 Recodification Citation: 16-4-8-3.1(c).]
As added by P.L.2-1993, SEC.22.
 
IC 16-39-2-4
Patient access; restrictions; appeal
 
Sec. 4. A patient is entitled to inspect and copy the
patient's own mental health record. However, if the provider that is
responsible for the patient's mental health records determines for good
medical cause, upon the advice of a physician, that the information
requested under this section is detrimental to the physical or mental
health of the patient, or is likely to cause the patient to harm the patient
or another person, the provider may withhold the information from the
patient. If the provider is a state institution or agency, the patient may
appeal the provider's refusal to permit the patient to inspect and copy
the patient's own record under 
IC 4-21.5
.
[Pre-1993 Recodification Citation: 16-4-8-3.1(d).]
As added by P.L.2-1993, SEC.22.
 
IC 16-39-2-5
Access to patient's designee or legal representative; written request
 
Sec. 5. (a) This section applies to private and public
treating providers.
 
(b) Upon a patient’s written request and reasonable notice, a
patient's mental health record shall be made available for inspection
and copying by the provider at any time to an individual or organization
designated by the patient or to the patient's legal representative.
 
(c) A patient’s written request for the release of the patient’s mental
health record under this section must include the following:
(1) The name of the patient.
(2) The name of the person requested to release the patient’s
mental health record.
(3) The name of the person, provider, or organization to whom the
patient’s mental health record is to be released.
(4) The purpose of the release.
(5) A description of the information to be released from the
mental health record.
(6) The signature of the patient.
(7) The date the request is signed.
(8) A statement that the patient's consent to release of mental
health records is subject to revocation at any time, except to the
extent that action has been taken in reliance on the patient's
consent.
(9) The date, event, or condition on which the patient's consent to
release of mental health records will expire if not previously
revoked.
 
(d) Unless otherwise specified in a written request under this
section, a request for release of records is valid for one hundred eighty
(180) days after the date the request is made.
 
(e) A request for release of records under this section may be
revoked by the patient at any time, except to the extent that action has
been taken in reliance on the consent.
 
(f) Mental health records requested by the patient to be released
under this section may be released by the provider receiving the
request, regardless of whether the patient is still receiving services
from the provider.
[Pre-1993 Recodification Citation: 16-4-8-3.1(e).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997,
SEC.5.
 
IC 16-39-2-5.5
Provider requirements; individualized mental health safety plans
 
Sec. 5.5. (a) Each psychiatric crisis center,
psychiatric inpatient unit, and psychiatric residential treatment provider
shall do the following:
(1) Collaboratively develop an individualized mental health safety
plan with each patient.
(2) Explain the benefits of coordinating care and sharing
individualized mental health safety plans with mental health
providers in the community that can help with the patient's safe
transition back into the community.
(3) Make a good faith effort before a patient leaves the facility at
which the patient is receiving care to obtain the patient's consent
to disclose the patient's individualized mental health safety plan
with mental health providers, integrated school based mental
health providers, mobile integrated healthcare programs (as
described in 
IC 16-31-12
), and mental health community
paramedicine programs that will be supporting the patient's safe
transition back into the community and, if applicable, school.
 
(b) Upon disclosure of the patient's individualized mental health
safety plan described in subsection (a), a mobile integrated healthcare
program (as described in 
IC 16-31-12
) or a mental health community
paramedicine program may do the following:
(1) Help facilitate services that are determined to be necessary for
a patient.
(2) Coordinate, cooperate, and communicate with other licensed
mental health professionals, health care professionals, and service
providers in the community to implement or continue the
individualized mental health safety plan.
(3) Monitor the services to determine the effectiveness of the
services.
(4) Adapt the patient's mental health safety plan as needed for the
patient's welfare and safety.
As added by P.L.225-2019, SEC.2. Amended by P.L.126-2021,
SEC.2.
 
IC 16-39-2-6
Disclosure without patient's consent; interpretation of records;
immunities
 
Sec. 6. (a) Without the consent of the patient, the
patient's mental health record may only be disclosed as follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in 
IC 12-7-2.1-219
);
or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care or
mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in 
IC 16-39-5-3
.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with 
IC 16-39-5-3
 and
the rules of the division of mental health and addiction, the rules
of the division of disability, aging, and rehabilitative services, the
rules of the provider, or the rules of the Indiana archives and
records administration and the oversight committee on public
records.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in 
IC 12-7-2.1-219
) who are operating under
a contract with the division of mental health and addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under 
IC 12-26
.
(B) The superintendent of the facility determines that failure to
provide the information may result in bodily harm to the patient
or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the medication
information will assist in protecting the health, safety, or
welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of the patient.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) 
IC 12-10-3-10
.
(B) 
IC 12-24-17-5
.
(C) 
IC 16-41-2-3
.
(D) 
IC 16-49-3-3
.
(E) 
IC 16-49-4-5
.
(F) 
IC 16-49-6-6
.
(G) 
IC 16-49.5-2-6
.
(H) 
IC 16-50-1-8
.
(I) 
IC 31-25-3-2
.
(J) 
IC 31-33-5-4
.
(K) 
IC 34-30-16-2
.
(L) 
IC 35-46-1-13
.
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) 
IC 12-24-11-2
.
(B) 
IC 12-24-12-3
, 
IC 12-24-12-4
, and 
IC 12-24-12-6
.
(C) 
IC 12-26-11
.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in 
IC 16-39-5-3
.
(14) Under a court order under 
IC 16-39-3
.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse records
described in 42 U.S.C. 290dd-2 unless authorized by a court
order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary to
protect a person under the protection of the United States Secret
Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes and
not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide bureau of disabilities services ombudsman
established under 
IC 12-11-13
, in the performance of the
ombudsman's duties.
 
(b) If a licensed mental health professional, a licensed paramedic,
a representative of a mobile integrated healthcare program (as
described in 
IC 16-31-12
), or a representative of a mental health
community paramedicine program in the course of rendering a
treatment intervention, determines that a patient may be a harm to
himself or herself or others, the licensed mental health professional, the
licensed paramedic, the representative of the mobile integrated
healthcare program (as described in 
IC 16-31-12
), or the representative
of the mental health community paramedicine program may request a
patient's individualized mental health safety plan from a psychiatric
crisis center, psychiatric inpatient unit, or psychiatric residential
treatment provider. Each psychiatric crisis center, psychiatric inpatient
unit, and psychiatric residential treatment provider shall, upon request
and without the consent of the patient, share a patient's individualized
mental health safety plan that is in the standard format established by
the division of mental health and addiction under 
IC 12-21-5-6
 with the
following individuals who demonstrate proof of licensure and commit
to protecting the information in compliance with state and federal
privacy laws:
(1) A licensed mental health professional.
(2) A licensed paramedic.
(3) A representative of a mobile integrated healthcare program (as
described in 
IC 16-31-12
).
(4) A representative of a mental health community paramedicine
program.
An individualized mental health safety plan disclosed under this
subsection may be used only to support a patient's welfare and safety
and is considered otherwise confidential information under applicable
state and federal laws.
 
(c) After information is disclosed under subsection (a)(15) and if the
patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
 
(d) A person who discloses information under subsection (a)(7),
(a)(15), or (b) in good faith is immune from civil and criminal liability.
[Pre-1993 Recodification Citation: 16-4-8-3.1(f).]
As added by P.L.2-1993, SEC.22. Amended by P.L.23-1993,
SEC.77; P.L.40-1994, SEC.68; P.L.6-1995, SEC.37; P.L.149-1996,
SEC.1; P.L.1-1997, SEC.95; P.L.4-1997, SEC.6; P.L.111-1997, SEC.8;
P.L.253-1997(ss), SEC.20; P.L.1-1998, SEC.120; P.L.1-1999, SEC.46;
P.L.272-1999, SEC.53; P.L.215-2001, SEC.85; P.L.141-2006, SEC.91;
P.L.145-2006, SEC.141; P.L.1-2007, SEC.136; P.L.134-2013, SEC.1;
P.L.233-2015, SEC.28; P.L.225-2019, SEC.3; P.L.45-2020, SEC.8;
P.L.156-2020, SEC.69; P.L.65-2021, SEC.1; P.L.126-2021, SEC.3;
P.L.137-2021, SEC.27; P.L.171-2025, SEC.14; P.L.174-2025, SEC.43;
P.L.243-2025, SEC.11; P.L.122-2026, SEC.94; P.L.145-2026,
SEC.109.
 
IC 16-39-2-7
Discovery or admissibility without patient's consent
 
Sec. 7. Except as provided in section 8 of this chapter,
the mental health record is not discoverable or admissible in any legal
proceeding without the consent of the patient.
[Pre-1993 Recodification Citation: 16-4-8-3.1(g).]
As added by P.L.2-1993, SEC.22.
 
IC 16-39-2-8
Court ordered release of mental health records; provider provision of
records
 
Sec. 8. (a) The court may order the release of the
patient's mental health record without the patient's consent upon the
showing of good cause following a hearing under 
IC 16-39-3
 or in a
proceeding under 
IC 31-30
 through 
IC 31-40
 following a hearing held
under the Indiana Rules of Trial Procedure.
 
(b) A provider shall, upon the request of a court that has committed
a patient under 
IC 12-26-7
, 
IC 12-26-8
, 
IC 35-36-2-4
, or 
IC 35-36-3
,
release to the court any information from the patient's mental health
record that is required by the Federal Bureau of Investigation for
transmission to NICS (as defined in 
IC 35-47-2.5-2.5
) in accordance
with 
IC 33-24-6-3
.
[Pre-1993 Recodification Citation: 16-4-8-3.1(h).]
As added by P.L.2-1993, SEC.22. Amended by P.L.1-1997,
SEC.96; P.L.131-2014, SEC.7.
 
IC 16-39-2-9
Exercise of patient's rights by others; equal access to records; fees
 
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.
[Pre-1993 Recodification Citation: 16-4-8-3.1(i).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997,
SEC.7; P.L.50-2021, SEC.64.
 
IC 16-39-2-10
Decedents' records; consent to release
 
Sec. 10. For the purposes of this chapter, consent to
the release of a deceased patient's record may be given by the personal
representative of the patient's estate. If there is no appointment of a
personal representative, consent may be given by:
(1) the patient's spouse; or
(2) if there is no spouse, any responsible member of the patient's
family, including a parent, guardian, or custodian of the deceased
patient’s minor child.
[Pre-1993 Recodification Citation: 16-4-8-3.1(j).]
As added by P.L.2-1993, SEC.22. Amended by P.L.4-1997,
SEC.8.
 
IC 16-39-2-11
Copying fees
 
Sec. 11. 
IC 16-39-9
 governs the fees that may be
charged for making and providing copies of records under this chapter.
[Pre-1993 Recodification Citation: 16-4-8-3.1(k).]
As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994,
SEC.3.
 
IC 16-39-2-12
Application to other mental health records laws
 
Sec. 12. This chapter does not prohibit the
application to mental health records of any law concerning health
records that is not addressed by this chapter.
As added by P.L.4-1997, SEC.9.
 
IC 16-39-3