Section 16-49-6-6 - Review of records; access to records; immunity; confidentiality(a) In conducting a review under this chapter, the local fetal-infant mortality review team may review all applicable records and information related to the death, including the following: (1) Records held by any of the following: (A) The state department.(B) A local health department, including certificates of death or certificates of stillbirths.(C) The department of child services.(3) Law enforcement records.(4) Coroner records, including autopsy reports.(5) Mental health records.(6) Emergency medical services and fire department run reports.(7) Qualitative results of a family or maternal interview.(b) The following shall provide to the local fetal-infant mortality review team, in good faith, access to records concerning a case under review under this chapter:(1) A health care provider.(2) A health care facility.(c) A person described in subsection (b) that provides access to records in good faith under this section is not subject to liability in:(4) a criminal; action that might otherwise be imposed as a result of the disclosure.
(d) Except as otherwise provided under this chapter, information and records acquired and interviews conducted by the local fetal-infant mortality review team in the exercise of the review team's duties under this chapter are confidential and exempted from disclosure.(e) Records, information, documents, and reports acquired or produced by the local fetal-infant mortality review team are not: (1) subject to subpoena or discovery; or(2) admissible as evidence; in any judicial or administrative proceeding. Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because the information was presented during proceedings before the review team.
(f) The local fetal-infant mortality review team members and individuals who attend a local fetal-infant mortality review team meeting at the invitation of the chairperson shall maintain the confidentiality of records and information discussed and disseminated during the meeting.Added by P.L. 31-2019,SEC. 5, eff. 7/1/2019.