Introduced Version






HOUSE BILL No. 1396

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-39-7 ; IC 34-30-2-78.3 .

Synopsis: Mammogram records. Requires a health care provider to maintain a patient's original mammogram films and reports for a maximum of 10 years. Requires a provider, upon request, to provide the original mammogram films and copies of reports concerning the mammogram films to the patient or certain other providers specified by the patient. Provides that a provider is immune from civil liability for destroying or otherwise failing to maintain original mammogram films or reports if the failure to do so is inadvertent and not done in bad faith. Requires the state department of health to promptly notify providers of changes in federal regulations regarding the maintenance and storage of x-ray film taken as a supplemental medical diagnostic tool to mammography.

Effective: July 1, 2001.





Atterholt, Welch, Dickinson, Becker




    January 11, 2001, read first time and referred to Committee on Public Health.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1396



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-39-7-2; (01)IN1396.1.1. -->     SECTION 1. IC 16-39-7-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 2. (a) This section does not apply to original mammograms, which are governed by section 3 of this chapter.
     (b) As used in this section, "x-ray film" includes a microfilm copy of the x-ray film.
    (b) (c) A provider shall maintain a patient's x-ray film for at least five (5) years.
    (c) (d) At the time an x-ray film other than a mammogram is taken, the provider shall do one (1) of the following:
        (1) Inform the patient in writing of the following:
            (A) The patient's x-ray film will be kept on file by the provider for at least five (5) years.
            (B) If the patient would like a copy of the x-ray film during that period, the provider will provide the patient with a copy of the x-ray film at the actual cost to the provider, as provided in IC 16-39-1-2.
        (2) Have posted conspicuously in the x-ray examination area a sign informing patients of the following:
            (A) All x-ray films will be kept on file by a provider for at least five (5) years.
            (B) On request during that time, the provider will provide the patient a copy of the patient's x-ray film at the actual cost to the provider.
    (d) At the time a mammogram is taken, the provider shall inform the patient in writing of the following:
        (1) The patient's mammogram will be kept on file by the provider for five (5) years.
        (2) At the end of the five (5) years, the patient will be given thirty (30) days to claim and pick up the mammogram for the patient's own use, at no charge to the patient.
        (3) If the patient does not claim the mammogram within the thirty (30) days described in subdivision (2), the provider may destroy or otherwise dispose of the mammogram.
        (4) If the patient would like a copy of the mammogram before the expiration of the five (5) years, the provider will provide the patient with a copy of the mammogram at the actual cost to the provider, as provided in IC 16-39-1-2.
    (e) A provider is immune from civil liability for destroying or otherwise failing to maintain an x-ray film in violation of this section if the destruction or failure to maintain the x-ray film is inadvertent and not done in bad faith. However, this subsection does not prevent the imposition of disciplinary sanctions against the provider, as described in subsection (f).
    (f) A provider who violates this section commits an offense for which a board may impose disciplinary sanctions against the provider under the statute that governs the provider's licensure, registration, or certification under this title or IC 25.
SOURCE: IC 16-39-7-3; (01)IN1396.1.2. -->     SECTION 2. IC 16-39-7-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. (a) Except as provided in subsection (b), a provider shall maintain a patient's original mammogram films and reports concerning the mammogram films in a permanent medical record of the patient for not less than:
        (1) five (5) years; or
        (2) if the provider performs no additional mammograms of the patient, ten (10) years;
after the date the original mammogram films were taken.
    (b) Upon request by or on behalf of a patient, a provider shall

permanently or temporarily transfer a patient's original mammogram films and copies of any reports concerning the mammogram films to:
        (1) a medical institution;
        (2) a physician or other health care provider of the patient; or
        (3) the patient.
    (c) Any fee charged to a patient for providing mammogram films and copies of reports under subsection (b) may not exceed the provider's actual cost in providing the films and reports.
    (d) At the time a mammogram is taken, the provider shall inform the patient in writing of:
        (1) the length of time that the patient's original mammogram films will be maintained; and
        (2) the procedure for obtaining the original mammogram films and copies of reports concerning the mammogram films as described in subsection (b).
    (e) A provider is immune from civil liability for destroying or otherwise failing to maintain a patient's original mammogram films or reports concerning the mammogram films in violation of this section if the destruction or failure to maintain the original mammogram films or reports is inadvertent and not done in bad faith. However, this subsection does not prevent the imposition of disciplinary sanctions against the provider, as described in subsection (f).
    (f) A provider who violates this section commits an offense for which a board may impose disciplinary sanctions against the provider under the statute that governs the provider's licensure, registration, or certification under this title or IC 25.
    (g) The state department shall promptly notify providers regarding new federal regulations for the maintenance and storage of x-ray film taken as a supplemental medical diagnostic tool to mammography.

SOURCE: IC 34-30-2-78.3; (01)IN1396.1.3. -->     SECTION 3. IC 34-30-2-78.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 78.3. IC 16-39-7-3 (Concerning medical care providers for maintenance of original mammogram films and reports).