HOUSE BILL No. 1151
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.
January 11, 2007, read first time and referred to Committee on Judiciary.
First Regular Session 115th General Assembly (2007)
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HOUSE BILL No. 1151
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
(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
(e) All records covered under this section are subject to privacy
and confidentiality laws, rules, and procedures enacted by the state
or federal government.