§ 9-30-6-6 — Chemical tests on bodily substances; retrieval of contraband or obtaining bodily substance samples; disclosure of results; no privilege or liability

(a) A physician, a person trained in retrieving
contraband or obtaining bodily substance samples and acting under the
direction of or under a protocol prepared by a physician, or a licensed
health care professional acting within the professional's scope of
practice and under the direction of or under a protocol prepared by a
physician, who:
(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;
(2) performs a chemical test on blood, urine, or other bodily
substance obtained from a person; or
(3) searches for or retrieves contraband from the body cavity of an
individual;
shall deliver the sample or contraband or disclose the results of the test
to a law enforcement officer who requests the sample, contraband, or
results as a part of a criminal investigation. Samples, contraband, 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 licensed health care professional, 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 contraband, or a blood, urine, or other bodily
substance sample in accordance with this section.
(3) Searching for or retrieving contraband or 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 contraband is retrieved or
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. However, immunity does not apply
if the physician, licensed health care professional, hospital, or
agent of a physician or hospital acts with gross negligence or
willful or wanton misconduct.
(c) For the purposes of a criminal proceeding:
(1) the privileges arising from a patient-physician relationship do
not apply to the contraband, samples, test results, or testimony
described in this section; and
(2) contraband, 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 that is
not a criminal proceeding.
(e) The contraband, 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.
(f) This section does not require a physician or a person under the
direction of a physician to perform a chemical test or to retrieve
contraband.
(g) If the person:
(1) from whom the contraband is to be retrieved or the bodily
substance sample is to be obtained under this section does not
consent; and
(2) resists the retrieval of the contraband or 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 retrieve
contraband or obtain a sample, in the retrieval of the contraband or the
taking of the sample.
(h) The person authorized under this section to retrieve contraband
or obtain a bodily substance sample shall take the sample or retrieve
the contraband in a medically accepted manner.
(i) This subsection does not apply to contraband retrieved or a
bodily substance sample taken at a licensed hospital (as defined in IC 16-18-2-179(a) and IC 16-18-2-179(b)). A law enforcement officer
may transport the person to a place where the contraband may be
retrieved or the sample may be obtained by any of the following
persons who are trained in retrieving contraband or obtaining bodily
substance samples and who have been engaged to retrieve contraband
or 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 advanced emergency medical technician (as defined in IC 16-18-2-6.5).
(5) A paramedic (as defined in IC 16-18-2-266).
(6) Except as provided in subsections (j) through (k), any other
person qualified through training, experience, or education to
retrieve contraband or obtain a bodily substance sample.
(j) A law enforcement officer may not retrieve contraband or obtain
a bodily substance sample under this section if the contraband is to be
retrieved or the sample is to be obtained from another law enforcement
officer as a result of the other law enforcement officer's involvement in
an accident or alleged crime.
(k) A law enforcement officer who is otherwise qualified to obtain
a bodily substance sample under this section may obtain a bodily
substance sample from a person involved in an accident or alleged
crime who is not a law enforcement officer only if:
(1) the officer obtained a bodily substance sample from an
individual as part of the officer's official duties as a law
enforcement officer; and
(2) the:
(A) person consents to the officer obtaining a bodily substance
sample; or
(B) obtaining of the bodily substance sample is authorized by
a search warrant.
(l) A physician or a person trained in obtaining bodily samples who
is acting under the direction of or under a protocol prepared by a
physician shall obtain a blood sample if the following conditions are
satisfied:
(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 9-30-5-4, IC 9-30-5-5, IC 35-46-9-6(b)(2), or IC 35-46-9-6(c).
(B) That the offense resulting in a criminal investigation
described in subsection (a) occurred not more than three (3)
hours before the time the sample is requested.
(C) That exigent circumstances exist that create pressing health,
safety, or law enforcement needs that would take priority over
a warrant application.
(3) Not more than the use of reasonable force is necessary to
obtain the sample.
[Pre-1991 Recodification Citation: 9-11-4-6.]

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.2-1993, SEC.69; P.L.132-1993, SEC.1; P.L.1-1994, SEC.40; P.L.205-2003, SEC.3; P.L.94-2006, SEC.7; P.L.36-2010, SEC.1; P.L.77-2012, SEC.3; P.L.237-2013, SEC.1; P.L.224-2019, SEC.3; P.L.174-2021, SEC.4.