Sec. 9. (a) For the purposes of this chapter, the following persons are entitled to exercise the patient's rights on the patient's behalf: (1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient. (2) If the provider determines that the patient is incapable of giving or withholding consent, the patient's guardian, a court appointed representative of the patient, a person possessing a health care power of attorney under IC 30-5-5-16 for the patient, or the patient's health care representative under IC 16-36-1-7 or IC 16-36-7 . (b) A custodial parent and a noncustodial parent of a child have equal access to the child's mental health records unless: (1) a court has issued an order that limits the noncustodial parent's access to the child's mental health records; and (2) the provider has received a copy of the court order or has actual knowledge of the court order. If the provider incurs an additional expense by allowing a parent equal access to a child's mental health records, the provider may require the parent requesting the equal access to pay a fee under IC 16-39-9 to cover the cost of the additional expense. [Pre-1993 Recodification Citation: 16-4-8-3.1(i).]
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