Ind. Code » Title 16
Indiana Code

Ind. Code § 16-39-7-1 (2026)

Maintenance of health records by providers; violations

✓ current as of May 2026
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     Sec. 1. (a) As used in this section, "provider" means the following:

(1) A physician.

(2) A dentist.

(3) A registered nurse.

(4) A licensed practical nurse.

(5) An optometrist.

(6) A podiatrist.

(7) A chiropractor.

(8) A physical therapist.

(9) A psychologist.

(10) An audiologist.

(11) A speech-language pathologist.

(12) A home health agency licensed under IC 16-27.

(13) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24 or IC 12-29.

     (b) A provider shall maintain the original health records or microfilms of the records for at least seven (7) years.

     (c) A provider who violates subsection (b) commits an offense for which a board may impose disciplinary sanctions against the provider under the law that governs the provider's licensure, registration, or certification under this title or IC 25.

     (d) A provider is immune from civil liability for destroying or failing to maintain a health record in violation of this section if the destruction or failure to maintain the health record occurred in connection with a disaster emergency as declared by the governor under IC 10-14-3-12 or other disaster, unless the destruction or failure to maintain the health record was due to negligence by the provider.

[Pre-1993 Recodification Citation: 16-4-8-12.]

As added by P.L.2-1993, SEC.22. Amended by P.L.177-2009, SEC.7.

 

Notes of Decisions
Cited in 7 cases, 2010–2020 · leading case: Howard Reg'l Health Sys. v. Gordon, 952 N.E.2d 182 (Ind. 2011).
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Howard Reg'l Health Sys. v. Gordon, 952 N.E.2d 182 (Ind. 2011). · cites it 16× “) (emphasis added) Surely the skillful, accurate, and ongoing maintenance of test and treatment records bears strongly on subsequent treatment and diagnosis of patients.”
Mary (Jones) Shirey v. Rex Flenar, M.D., 89 N.E.3d 1102 (Ind. Ct. App. 2017). · cites it 12× “[14] And third, a holding that the record-production statute confers a private right of action would be seriously at odds with our Supreme Court’s interpretation of the closely related record-retention statute, Indiana Code section 16-39-7-1. In Howard Regional Health System v.”
Howard Reg'l Health Sys. v. Gordon Ex Rel. Gordon, 925 N.E.2d 453 (Ind. Ct. App. 2010). · cites it 14× “A hospital is required by Ind.Code § 16-39-7-1 to maintain its health records for seven years.”
Rickie Henderson v. Elliott Kleinman, D.P.M., 103 N.E.3d 683 (Ind. Ct. App. 2018). · cites it 4× “Indiana Code section 16-39-7-1 requires doctors to keep records, and it would not be unreasonable to conclude that the duty to keep records requires that the doctor’s records be adequate to determine what facts the doctor relied on to make a diagnosis, including the patient’s…”
Kadambi v. Express Scripts, Inc., 86 F. Supp. 3d 900 (N.D. Ind. 2015). · cites it 2× “2d at 187 (finding no private right of action in section 16-39-7-1, which is listed at 34-30-2-77.”
Santos Cortez, Fran Cortez, & Norris Choplin Schroeder LLP v. Indiana Univ. Health Inc., Sharon v. Lucich, & Elizabeth Longmuir (Ind. Ct. App. 2020). · cites it 6× “The Gordons rightly acknowledge how important health care records are for “the nature and quality of the health care provided, for billing purposes, and peer review.” (Appellee’s Br. at 16.) (emphasis added)[.”
Larry Edward Ruble, Jr., Individually & as Adm'r of the Est. of Natasha Ruble v. Lori Thompson, M.D. (Ind. Ct. App. 2012). · cites it 6× “” Ind.Code § 16-39-7-1. After setting forth the statutory language, the Estate’s proposed instruction provided in pertinent part as follows: If you decide from the greater weight of the evidence that Dr.”
Ind. Code § 16-39-7-1(c): 1 case
Howard Reg'l Health Sys. v. Gordon Ex Rel. Gordon, 925 N.E.2d 453 (Ind. Ct. App. 2010). “A hospital is required by Ind.Code § 16-39-7-1 to maintain its health records for seven years.”
Ind. Code § 16-39-7-1(d): 2 cases
Howard Reg'l Health Sys. v. Gordon Ex Rel. Gordon, 925 N.E.2d 453 (Ind. Ct. App. 2010). “A hospital is required by Ind.Code § 16-39-7-1 to maintain its health records for seven years.”
Larry Edward Ruble, Jr., Individually & as Adm'r of the Est. of Natasha Ruble v. Lori Thompson, M.D. (Ind. Ct. App. 2012). “” Ind.Code § 16-39-7-1. After setting forth the statutory language, the Estate’s proposed instruction provided in pertinent part as follows: If you decide from the greater weight of the evidence that Dr.”
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