Sec. 9. (a) As used in this section, "mental health record" has the meaning set forth in IC 16-18-2-226.

(b) Subject to the conditions described in subsection (e), 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) Subject to the conditions described in subsection (e), 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. Subject to the conditions described in subsection (e), 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) An offender's health and mental health records may be disclosed under this section only if the records are necessary for:

(1) the provision of health care to the offender;

(2) the health and safety of the offender or other offenders;

(3) the health and safety of others at the facility;

(4) the health and safety of persons responsible for transporting or transferring the offender from one location to another;

(5) law enforcement on the premises of a facility; or

(6) the administration and maintenance of the safety, security, and good order of the facility.

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

As added by P.L.93-2007, SEC.1.