Section 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.(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.
Amended by P.L. 174-2021,SEC. 4, eff. 7/1/2021.Amended by P.L. 224-2019,SEC. 3, eff. 7/1/2019.Amended by P.L. 237-2013, SEC. 1, eff. 7/1/2013.Amended by P.L. 77-2012, SEC. 3, eff. 7/1/2012.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.