IN HB1043

Defines "psychotherapy notes" according to federal regulations (45 CFR 164.501) and establishes that such notes belong solely to the provider, not the patient, and must be maintained separately from the mental health record

Allows providers to withhold all or part of a patient's mental health record if a physician determines the information would be detrimental to the patient's health or likely to cause harm to the patient or others

Patients must still be given access to any portion of their mental health record not determined to be harmful

Creates a review process for non-state providers where patients can request a second physician review of decisions to withhold records, with the reviewing physician having 30 days to receive records and make a determination

Patient authorization for the physician review process expires 90 days after signing unless otherwise specified

Effective date: July 1, 2010