TRAFFIC CODE
77
(B) was in proper working condition on
the date the breath test was adminis-
tered if the date of approval is not more
than one hundred eighty (180) days
before the date of the breath test;
(3) constitute prima facie evidence of the
approved technique for administering a
breath test; and
(4) constitute prima facie evidence that
the breath test operator was certified by the
state department of toxicology on the date
specified on the certificate.
(d) Results of chemical tests that involve an
analysis of a person's breath are not admissible in
a proceeding under this chapter, IC 9-30-5, IC 9-
30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any;
or
(4) the techniques used in the test;
have not been approved in accordance with the
rules adopted under subsection (a).
9-30-6-5.5. Adoption of emergency rules.
(a) Notwithstanding IC 4-22-2, to implement
P.L.1-2000, the director of the department of tox-
icology of the Indiana University School of
Medicine may adopt a rule required under section
5 of this chapter, section 6 of this chapter, or both
in the manner provided for emergency rules under
IC 4-22-2-37.1.
(b) A rule adopted under this section is effec-
tive when it is filed with the secretary of state and
expires on the latest of the following:
(1) The date that the director adopts
another emergency rule under this section
to amend, repeal, or otherwise supersede
the previously adopted emergency rule.
(2) The date that the director adopts a per-
manent rule under IC 4-22-2 to amend,
repeal, or otherwise supersede the previ-
ously adopted emergency rule.
(3) July 1, 2001.
(c) For the purposes of IC 9-30-7-4, IC 14-15-
8-14 (before its repeal), IC 35-46-9, and other
statutes, the provisions of a rule adopted under this
section shall be treated as a requirement under sec-
tion 5 of this chapter, section 6 of this chapter, or
both as appropriate.
9-30-6-6. Chemical tests on blood or urine by
physician; disclosure of results; no
privilege or liability; results
admissible; limitation.
(a) A physician or a person trained in obtain-
ing bodily substance samples and acting 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 diag-
nostic purposes or at the request of a law
enforcement officer under this section; or
(2) performs a chemical test on blood,
urine, or other bodily substance obtained
from a person;
shall deliver the sample or disclose the results of
the test to a law enforcement officer who requests
the sample or results as a part of a criminal inves-
tigation. Samples and test results shall be pro-
vided to a law enforcement officer even if the
person has not consented to or otherwise author-
ized their release.
(b) A physician, 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 a blood, urine, or other bod-
ily substance sample in accordance with
this section.
(3) Obtaining a blood, urine, or other bod-
ily 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 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 per-
formance of duties in good faith under
this section.
