IC 9-27-5
    Chapter 5. Toxicology Accident Research

IC 9-27-5-1
State department of toxicology; study
    Sec. 1. (a) The state, in recognition of the need for and lack ofadequate information regarding the role of alcohol, carbonmonoxide, and certain drugs in fatalities occurring as a result oftraffic accidents involving motor vehicles, requires specificinformation pertaining to Indiana. The information, to be of value inthe evaluation of the traffic accident rate in Indiana, must begathered, prepared, and interpreted on the basis of local conditions.It is recognized that the extrapolation of information gathered inother states will not provide accurate information in view of thevariables introduced by demographic differences and a multitude ofenvironmental factors that differ from state to state.
    (b) In recognition of the need for the information described insubsection (a), the director of the state department of toxicology,Indiana University School of Medicine, in conjunction with theoffice of traffic safety, shall conduct a study of the incidence andeffect of alcohol, carbon monoxide, and certain drugs in all motorvehicle traffic accidents involving a fatality.
As added by P.L.2-1991, SEC.15.

IC 9-27-5-2
State department of toxicology; aid
    Sec. 2. The director of the state department of toxicology maysolicit and receive aid from the following:
        (1) The office of traffic safety.
        (2) The state police department.
        (3) The commission on forensic sciences.
        (4) The Indiana Coroners Association.
        (5) The state department of health.
        (6) The Indiana State Medical Association.
        (7) Other agencies that may, in the director's opinion, make acontribution to the effectiveness of the study.
As added by P.L.2-1991, SEC.15. Amended by P.L.2-1992, SEC.90.

IC 9-27-5-3
Test results; dissemination; immunity from liability; practice ofmedicine
    Sec. 3. (a) The results of a test conducted as part of a studyconducted under this chapter are not public records. The resultscomprise information that is required by the investigator for thepreparation of the study. Since these are the results of a statisticalexamination, the findings in a specific instance or collection ofinstances are not admissible in evidence in an action in a court or ina proceeding before a tribunal, a board, an agency, or an individual.
    (b) The consolidated results of the examinations may bedisseminated and made public for any use, but there must be no

method of identifying the individuals involved.
    (c) An individual participating in a bona fide activity concernedwith the conduct of statistical examination is immune from allliability, civil or criminal, that might otherwise be incurred orimposed.
    (d) This chapter may not be construed as permitting a person toengage in the practice of medicine.
As added by P.L.2-1991, SEC.15.

IC 9-27-5-4
Collection of specimens
    Sec. 4. (a) The director of the state department of toxicology, inconjunction with the office of traffic safety, may require theappropriate agencies to collect the necessary specimens to themaximum extent practicable from the body of each driver andpedestrian who is at least fifteen (15) years of age and who dieswithin four (4) hours after involvement in an accident.
    (b) To the maximum extent practicable and consistent with legalrights, a quantitative test must also be conducted on each survivingdriver in an accident that involves a fatality or that results in seriousbodily injury in a manner consistent with IC 9-30-7.
    (c) Specimens or reports collected under this section must consistof those items prescribed by the director of the department oftoxicology and must include sufficient data to approximate the bloodalcohol concentration of the driver or pedestrian at the time of theaccident.
As added by P.L.2-1991, SEC.15.

IC 9-27-5-5
Reports
    Sec. 5. The director of the state department of toxicology, inconjunction with the office of traffic safety, shall prepare a report ofthe annual statistical findings and related recommendations forpresentation upon request of the legislative council. The report mustbe in an electronic format under IC 5-14-6.
As added by P.L.2-1991, SEC.15. Amended by P.L.28-2004, SEC.78.