{"data":{"id":"us-in/ic-16-39-2-9","jurisdiction":"us-in","citation":"IC 16-39-2-9","heading":"Exercise of patient's rights by others; equal access to records; fees","body":"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:\n(1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient.\n(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.\n(b) A custodial parent and a noncustodial parent of a child have equal access to the child's mental health records unless:\n(1) a court has issued an order that limits the noncustodial parent's access to the child's mental health records; and\n(2) the provider has received a copy of the court order or has actual knowledge of the court order.\nIf 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.","path":["TITLE 16. HEALTH","ARTICLE 39. HEALTH RECORDS","Chapter 2. Release of Mental Health Records to Patient and Authorized Persons"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-39-2-9","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"daa1f5cf43c3fda2e16434cd6706889f8a20703057a80dd3e80dd2781184a8ac","source_id":"us-in","stale":false,"prev":"us-in/ic-16-39-2-8","next":"us-in/ic-16-39-2-10"},"notice":"GroundRules: Original legal text. Not legal advice."}