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Indiana Code Title 16. Health § 16-32-4-5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5. (a) Except as provided in subsection (c), information collected under this chapter:

(1) is confidential;  and

(2) is exempt from disclosure.

(b) Information collected under this chapter may not be released under a subpoena, search warrant, or any civil discovery proceedings.

(c) A court, acting on a pleading or motion, may issue an order directing the release of specific information collected under this chapter after all the following have occurred:

(1) The person requesting the court order has sent the state department a pleading or motion:

(A) stating that an emergency exists and that the information cannot be collected through any other means;  and

(B) requesting that the information be released.

(2) The state department has been allowed to respond to the pleading or motion requesting the release of information.

(3) The court has conducted an in camera review of the requested information.

(4) After considering the response of the state department and reviewing the information submitted to the court, the court finds by clear and convincing evidence that:

(A) an emergency exists and that the information cannot be collected through any other means;  and

(B) the reasons for ordering release of the information outweigh the reasons for not disclosing the information.

(d) This section shall be construed liberally to protect the confidentiality and prevent the disclosure of the information collected by the state department under this chapter.

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Cite this article: FindLaw.com - Indiana Code Title 16. Health § 16-32-4-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-16-health/in-code-sect-16-32-4-5/

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