CHAPTER 5. TOXICOLOGY ACCIDENT RESEARCH
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 of
adequate information regarding the role of alcohol, carbon
monoxide, and certain drugs in fatalities occurring as a result of
traffic accidents involving motor vehicles, requires specific
information pertaining to Indiana. The information, to be of value in
the evaluation of the traffic accident rate in Indiana, must be
gathered, prepared, and interpreted on the basis of local conditions.
It is recognized that the extrapolation of information gathered in
other states will not provide accurate information in view of the
variables introduced by demographic differences and a multitude of
environmental factors that differ from state to state.
(b) In recognition of the need for the information described in
subsection (a), the director of the state department of toxicology,
Indiana University School of Medicine, in conjunction with the
office of traffic safety, shall conduct a study of the incidence and
effect of alcohol, carbon monoxide, and certain drugs in all motor
vehicle 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 may
solicit 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 a
contribution 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 of
medicine
Sec. 3. (a) The results of a test conducted as part of a study
conducted under this chapter are not public records. The results
comprise information that is required by the investigator for the
preparation of the study. Since these are the results of a statistical
examination, the findings in a specific instance or collection of
instances are not admissible in evidence in an action in a court or in
a proceeding before a tribunal, a board, an agency, or an individual.
(b) The consolidated results of the examinations may be
disseminated 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 concerned
with the conduct of statistical examination is immune from all
liability, civil or criminal, that might otherwise be incurred or
imposed.
(d) This chapter may not be construed as permitting a person to
engage 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, in
conjunction with the office of traffic safety, may require the
appropriate agencies to collect the necessary specimens to the
maximum extent practicable from the body of each driver and
pedestrian who is at least fifteen (15) years of age and who dies
within four (4) hours after involvement in an accident.
(b) To the maximum extent practicable and consistent with legal
rights, a quantitative test must also be conducted on each surviving
driver in an accident that involves a fatality or that results in serious
bodily injury in a manner consistent with IC 9-30-7.
(c) Specimens or reports collected under this section must consist
of those items prescribed by the director of the department of
toxicology and must include sufficient data to approximate the blood
alcohol concentration of the driver or pedestrian at the time of the
accident.
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, in
conjunction with the office of traffic safety, shall prepare a report of
the annual statistical findings and related recommendations for
presentation upon request of the legislative council. The report must
be 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.