Introduced Version






HOUSE BILL No. 1151

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-10-4-9.

Synopsis: Mental health and health records. Provides for the maintenance and transfer of a criminal offender's health and mental health records. (The introduced version of this bill was prepared by the commission on mental health.)

Effective: July 1, 2007.





Noe




    January 11, 2007, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 115th General Assembly (2007)


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. 1151



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

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

SOURCE: IC 11-10-4-9; (07)IN1151.1.1. -->     SECTION 1. IC 11-10-4-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) As used in this section, "mental health record" has the meaning set forth in IC 16-18-2-226.
    (b) A psychiatrist or behavioral health care provider may, with or without the offender's consent, provide a copy of an offender's health and mental health records to a facility, an agency, or a health care provider responsible for the incarceration of an offender. The facility or agency responsible for the incarceration of an offender shall maintain any health and mental health records provided under this subsection as part of the offender's health record.
    (c) If an offender is transferred to a different facility, the operator of the facility or agency from which the offender is transferred shall provide the offender's health and mental health records to the facility that is used to:
        (1) house; or
        (2) provide mental health treatment to;
the offender, including a county jail or a community mental health center.
    (d) The department shall maintain health and mental health records for each offender incarcerated by the department. After an offender is released from incarceration, the department shall provide the offender's health and mental health records, if any, to a mental health facility, mental health provider, or designated health care provider that is providing mental health treatment to the offender.

     (e) All records covered under this section are subject to privacy and confidentiality laws, rules, and procedures enacted by the state or federal government.