1. (a) This section does not apply to original mammograms, which are governed by section 3 of this chapter.
2. (b) As used in this section, "x-ray image" includes a microfilm copy of an x-ray film and a digital image of an x-ray.
3. (c) A provider shall maintain a patient's x-ray image for at least five
4. (5) years.
5. (d) At the time an x-ray image is taken, the provider shall do one (1) of the following:

6. (1) Inform the patient in writing of the following:

   1. (A) The patient's x-ray image will be kept on file by the provider for at least five (5) years.
   2. (B) If the patient would like a copy of the x-ray image during that period, the provider will provide the patient with a copy of the x-ray image at no cost, as provided in IC 16-39-1-2 .

7. (2) Have posted conspicuously in the x-ray examination area a sign informing patients of the following:

   1. (A) All x-ray images will be kept on file by a provider for at least five (5) years.
   2. (B) On request during that time, the provider will provide the patient a copy of the patient's x-ray image at no cost to the provider.
   3. (e) A provider is immune from civil liability for destroying or otherwise failing to maintain an x-ray image in violation of this section if the destruction or failure to maintain the x-ray image 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).

   4. (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 .

      [Pre-1993 Recodification Citation: 16-4-8-13.]

As added by P.L.2-1993, SEC.22. Amended by P.L.86-2001, SEC.1; P.L.215-2025, SEC.25.