CHAPTER 6. COMMISSION ON FORENSIC SCIENCES
IC 4-23-6
Chapter 6. Commission on Forensic Sciences
IC 4-23-6-1
Creation
Sec. 1. A commission is hereby created which shall be known asthe "commission on forensic sciences." It shall consist of five (5)members appointed by the governor; one (1) shall be a pathologist,one (1) shall be a person engaged in police work, one (1) shall be acoroner and one (1) shall be a lawyer. The state health commissionershall be the fifth member of the commission and shall serve as itssecretary. In making the appointments, the governor may consultwith, but shall not be bound by, the recommendation of organizationsrepresenting such categories of appointees. In the first instance one(1) of the members shall be appointed for a term of one (1) year, one(1) of the members shall be appointed for a term of two (2) years,one (1) of the members shall be appointed for a term of three (3)years and one (1) of the members shall be appointed for a term offour (4) years. Thereafter, each member shall serve until hissuccessor is appointed and has qualified. Members of thecommission may be removed, by the governor for cause and anyvacancy shall be filled by appointment from the proper category andfor the unexpired term. The members shall elect one (1) of theirnumber to serve as chairman for a period of one (1) year.
(Formerly: Acts 1959, c.361, s.1.)
IC 4-23-6-2
Membership
Sec. 2. The membership of the commission shall be appointed notlater than July 31, 1959, and the commission shall hold itsorganization meeting upon call of its secretary within ten (10) daysafter its members are appointed.
(Formerly: Acts 1959, c.361, s.2.) As amended by P.L.5-1984,SEC.182.
IC 4-23-6-3
Meetings; quorum; per diem and actual expenses
Sec. 3. The commission shall meet at least once in eachtwo-month period. A majority shall constitute a quorum for thetransaction of business and a per diem of ten dollars ($10.00) perday, and actual expenses incurred shall be allowed to each memberfor his attendance.
(Formerly: Acts 1959, c.361, s.3.)
IC 4-23-6-4
Objectives
Sec. 4. The objectives of the commission shall be to promote inthe state of Indiana scientific information and services in pathology,immunology, radiology, photography, psychiatry, dentistry,anthropology and other forensic sciences.(Formerly: Acts 1959, c.361, s.4.)
IC 4-23-6-5
Powers
Sec. 5. (a) The powers of the commission shall be as follows:
(1) To establish and maintain a scientific laboratory for researchand experimentation. The commission shall not duplicateadequate facilities for experimentation, research, or informationwhich are available to the citizens of the state.
(2) To appoint an administrative director who shall be aphysician and should be a pathologist certified by the AmericanBoard of Pathology and to select and appoint or accept the loanof such other personnel as it deems necessary to carry out itspurposes.
(3) To establish and maintain a system of records and to collectdata pertinent to the objectives of the commission.
(4) To correlate information concerning forensic sciencefacilities and make this information available to coroners, lawenforcement officers, attorneys, and others.
(5) To contract from time to time for the services or opinion ofexperts in connection with a particular problem or a program ofresearch.
(6) To engage in research and experimentation consistent withthe objectives of the commission.
(7) To establish and maintain a forensic sciences library eitheralone or in cooperation with any other agency of the state, theuse of which shall be available to any interested persons.
(8) To engage in and foster programs of information in forensicsciences for interested groups.
(9) To establish from time to time and to promulgate a scheduleof reasonable fees and to collect the same for the services of thecommission. The considerations in formulating such a scheduleshall be:
(A) uniformity;
(B) recovery of at least a portion of the cost of furnishing themajor services of the commission; and
(C) availability of the services without burdensome expenseto officers, agencies, and others in need of the services.
All money received by the commission pursuant to thissubdivision shall be paid to the commission, which shall give aproper receipt for the same, and shall at the end of each monthreport to the auditor of state the total amount received by itunder the provisions of this subsection, from all sources, andshall at the same time, deposit the entire amount of suchreceipts with the treasurer of state, who shall place them to thecredit of a special fund to be created and known as the forensicsciences commission laboratory expense fund. The commissionshall, by its chairman from time to time, certify to the auditor ofstate any necessary laboratory expenses incurred by thecommission, and the auditor shall issue his warrant for the
same, which shall be paid out of any funds so collected andhereby appropriated to the commission. However, paymentsmade by the auditor of state from the forensic sciencescommission laboratory expense fund created herein shall belimited so as not to exceed the amounts allotted from this fundby the budget committee.
(10) To accept gifts and grants of money, services, or propertyand to use the same for any given purpose consistent with theobjectives of the commission.
(11) To use the services and facilities of the state department ofhealth, state educational institutions, and hospitals and otheragencies supported in whole or in part by public funds.
(12) To establish and maintain such branch offices as it deemsnecessary.
(13) To cooperate with any state or local agency or with anyhospital or postsecondary educational institution in anyscientific program consistent with the objectives of thecommission.
(Formerly: Acts 1959, c.361, s.5.) As amended by P.L.2-1992,SEC.39; P.L.2-2007, SEC.55.
IC 4-23-6-6
Medical examiner system
Sec. 6. (a) The commission on forensic sciences shall promulgateand adopt rules in accordance with IC 4-22-2 to:
(1) create a medical examiner system to aid, assist, andcomplement the coroner in the performance of his duties byproviding medical assistance in determining causes of death;and
(2) establish minimum and uniform standards of excellence,performance of duties, and maintenance of records to provideinformation to the state regarding causes of death for casesinvestigated.
The commission shall also adopt any other rules that are necessaryto carry out the provisions of this section.
(b) The commission shall establish five (5) medical examinerdistricts within the state, taking into consideration population,geographical size of the area covered, availability of trainedpersonnel, death rate by both natural and unnatural causes, andsimilar related factors. No county may be divided in the creation ofa district.
(c) A district medical examiner shall be appointed by thecommission for each district from nominees who are physicianslicensed to practice in Indiana. Nominees must reside in the districtthey are nominated for, and a preference shall be given to practicingphysicians in pathology.
(d) The district medical examiner may appoint as many physiciansas associate medical examiners as may be necessary to provideservice within the district. The associate examiners shall be licensedto practice in Indiana with a preference to practicing pathologists. (e) District and associate medical examiners may engage in theprivate practice of medicine or surgery in addition to their duties asmedical examiners.
(f) The district and associate medical examiners shall, at therequest of coroners in their districts:
(1) provide medical assistance in investigating deaths;
(2) provide or contract for laboratory facilities for performingautopsies and investigations;
(3) provide for the keeping of reports of all investigations andexaminations; and
(4) provide other functions which may be specified in rulesadopted by the commission.
(g) A district or associate medical examiner who performs amedical examination or autopsy under the direction of a coroner isimmune from civil liability for performing the examination orautopsy.
As added by Acts 1981, P.L.39, SEC.1.