1. (a) As used in this section, "provider" means the following:

   1. (1) A physician.
   2. (2) A dentist.
   3. (3) A registered nurse.
   4. (4) A licensed practical nurse.
   5. (5) An optometrist.
   6. (6) A podiatrist.
   7. (7) A chiropractor.
   8. (8) A physical therapist.
   9. (9) A psychologist.
   10. (10) An audiologist.
   11. (11) A speech-language pathologist.
   12. (12) A home health agency licensed under IC 16-27 .
   13. (13) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24 or IC 12-29 .
2. (b) A provider shall maintain the original health records or microfilms of the records for at least seven (7) years.
3. (c) A provider who violates subsection (b) commits an offense for which a board may impose disciplinary sanctions against the provider under the law that governs the provider's licensure, registration, or certification under this title or IC 25 .

4. (d) A provider is immune from civil liability for destroying or failing to maintain a health record in violation of this section if the destruction or failure to maintain the health record occurred in connection with a disaster emergency as declared by the governor under IC 10-14-3-12 or other disaster, unless the destruction or failure to maintain the health record was due to negligence by the provider.

   [Pre-1993 Recodification Citation: 16-4-8-12.]

As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.