Bill Text: IN SB0342 | 2010 | Regular Session | Introduced
Bill Title: Bodily substance samples.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 03/12/2010 [SB0342 Detail]
Download: Indiana-2010-SB0342-Introduced.html
Citations Affected: IC 9-30-6-6.
Synopsis: Bodily substance samples. Allows: (1) a certified or
noncertified phlebotomist; or (2) any other person, other than a law
enforcement officer, who is competent to draw blood because of the
person's training or experience; to obtain a bodily substance sample
from an individual who is transported by a law enforcement officer to
the place where the phlebotomist or other person who is competent to
draw blood is located for purposes of the law concerning implied
consent.
Effective: July 1, 2010.
January 11, 2010, read first time and referred to Committee on Judiciary.
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(1) obtains a blood, urine, or other bodily substance sample from a person, regardless of whether the sample is taken for diagnostic purposes or at the request of a law enforcement officer under this section; or
(2) performs a chemical test on blood, urine, or other bodily substance obtained from a person;
shall deliver the sample or disclose the results of the test to a law enforcement officer who requests the sample or results as a part of a criminal investigation. Samples and test results shall be provided to a law enforcement officer even if the person has not consented to or otherwise authorized their release.
(b) A physician, a hospital, or an agent of a physician or hospital is
not civilly or criminally liable for any of the following:
(1) Disclosing test results in accordance with this section.
(2) Delivering a blood, urine, or other bodily substance sample in
accordance with this section.
(3) Obtaining a blood, urine, or other bodily substance sample in
accordance with this section.
(4) Disclosing to the prosecuting attorney or the deputy
prosecuting attorney for use at or testifying at the criminal trial of
the person as to facts observed or opinions formed.
(5) Failing to treat a person from whom a blood, urine, or other
bodily substance sample is obtained at the request of a law
enforcement officer if the person declines treatment.
(6) Injury to a person arising from the performance of duties in
good faith under this section.
(c) For the purposes of this chapter, IC 9-30-5, or IC 9-30-9:
(1) the privileges arising from a patient-physician relationship do
not apply to the samples, test results, or testimony described in
this section; and
(2) samples, test results, and testimony may be admitted in a
proceeding in accordance with the applicable rules of evidence.
(d) The exceptions to the patient-physician relationship specified in
subsection (c) do not affect those relationships in a proceeding not
covered by this chapter, IC 9-30-5, or IC 9-30-9.
(e) The test results and samples obtained by a law enforcement
officer under subsection (a) may be disclosed only to a prosecuting
attorney or a deputy prosecuting attorney for use as evidence in a
criminal proceeding under this chapter, IC 9-30-5, or IC 9-30-9.
(f) This section does not require a physician or a person under the
direction of a physician to perform a chemical test.
(g) A physician or a person trained in obtaining bodily substance
samples and acting under the direction of or under a protocol prepared
by a physician shall obtain a blood, urine, or other bodily substance
sample if the following exist:
(1) A law enforcement officer requests that the sample be
obtained.
(2) The law enforcement officer has certified in writing the
following:
(A) That the officer has probable cause to believe the person
from whom the sample is to be obtained has violated
IC 9-30-5.
(B) That the person from whom the sample is to be obtained
has been involved in a motor vehicle accident that resulted in
the serious bodily injury or death of another.
(C) That the accident that caused the serious bodily injury or
death of another occurred not more than three (3) hours before
the time the sample is requested.
(3) Not more than the use of reasonable force is necessary to
obtain the sample.
(h) If the person:
(1) from whom the bodily substance sample is to be obtained
under this section does not consent; and
(2) resists the taking of a sample;
the law enforcement officer may use reasonable force to assist an
individual, who must be authorized under this section to obtain a
sample, in the taking of the sample.
(i) The person authorized under this section to obtain a bodily
substance sample shall take the sample in a medically accepted
manner.
(j) A law enforcement officer may transport the person to a place
where the sample may be obtained by any of the following persons who
are trained in obtaining bodily substance samples and who have been
engaged to obtain samples under this section:
(1) A physician holding an unlimited license to practice medicine
or osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An emergency medical technician-basic advanced (as defined
in IC 16-18-2-112.5).
(5) An emergency medical technician-intermediate (as defined in
IC 16-18-2-112.7).
(6) A paramedic (as defined in IC 16-18-2-266).
(7) A certified phlebotomist.
(8) Any other person, other than a law enforcement officer,
who is competent to draw blood because of the person's
training or experience.
