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 for the patient, or the patient's health care representative.
(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.
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