HB 1493 Summary

• Defines "psychotherapy notes" according to 45 CFR 164.501 for purposes of Indiana mental health record law.

• Establishes that psychotherapy notes are the sole property of the mental health provider and must be kept separate from the patient's mental health record.

• Allows providers to withhold mental health record information if a physician determines it would be detrimental to the patient's physical or mental health or likely to cause harm, while requiring access to any non-withheld portions of the record.

• Creates a patient review process for non-state providers: patients may request a physician review of withheld information, with the reviewing physician making a binding determination on whether access should be granted.

• Becomes effective July 1, 2010.