IC 16-39-7-1: Maintenance of health records by providers; violations

Sec. 1. (a) As used in this section, "provider" means the following:

(1) A physician.

(2) A dentist.

(3) A registered nurse.

(4) A licensed practical nurse.

(5) An optometrist.

(6) A podiatrist.

(7) A chiropractor.

(8) A physical therapist.

(9) A psychologist.

(10) An audiologist.

(11) A speech-language pathologist.

(12) A home health agency licensed under IC 16-27.

(13) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24 or IC 12-29.

(b) A provider shall maintain the original health records or microfilms of the records for at least seven (7) years.

(c) A provider who violates subsection (b) commits an offense for which a board may impose disciplinary sanctions against the provider under the law that governs the provider's licensure, registration, or certification under this title or IC 25.

(d) A provider is immune from civil liability for destroying or failing to maintain a health record in violation of this section if the destruction or failure to maintain the health record occurred in connection with a disaster emergency as declared by the governor under IC 10-14-3-12 or other disaster, unless the destruction or failure to maintain the health record was due to negligence by the provider.