{"data":{"id":"us-in/ic-16-39-1-3","jurisdiction":"us-in","citation":"IC 16-39-1-3","heading":"Request for patient's health records; who may request","body":"Sec. 3. (a) Health records may be requested by a competent patient if the patient is:\n(1) emancipated and less than eighteen (18) years of age; or\n(2) at least eighteen (18) years of age.\n(b) If a patient is incompetent, the request for health records may be made by the parent, guardian, or custodian of the patient.\n(c) Health records of a deceased patient may be requested:\n(1) by a coroner under IC 36-2-14-21 or by the personal representative of the patient's estate;\n(2) if the estate of the deceased patient does not have a personal representative, by the spouse of the deceased patient;\n(3) if the deceased patient does not have a surviving spouse and the deceased patient's estate does not have a personal representative, by:\n(A) a child of the deceased patient; or\n(B) the parent, guardian, or custodian of the child of the deceased patient if the child of the deceased patient is incompetent;\n(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\n(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.\n(d) If:\n(1) the deceased patient was an incapacitated person subject to a guardianship at the time of the patient's death; and\n(2) a personal representative of the estate of the deceased patient is appointed under IC 29-1-7;\nthe guardian of the deceased patient may not request health records of the deceased patient under subsection (c)(4).","path":["TITLE 16. HEALTH","ARTICLE 39. HEALTH RECORDS","Chapter 1. Release of Health Records to Patient and Authorized Persons"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-39-1-3","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"a7ab4f6bc03772898b9e778b3f227e547e03da50521040b24638b94308dee9ba","source_id":"us-in","stale":false,"prev":"us-in/ic-16-39-1-2","next":"us-in/ic-16-39-1-4"},"notice":"GroundRules: Original legal text. Not legal advice."}