TRAFFIC CODE
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(c) For the purposes of this chapter, IC 9-30-
5, or IC 9-30-9:
(1) the privileges arising from a patient-
physician relationship do not apply to the
samples, test results, or testimony described
in this section; and
(2) samples, test results, and testimony
may be admitted in a proceeding in accor-
dance with the applicable rules of evi-
dence.
(d) The exceptions to the patient-physician
relationship specified in subsection (c) do not
affect those relationships in a proceeding not cov-
ered by this chapter, IC 9-30-5, or IC 9-30-9.
(e) The 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 under this chapter, IC 9-30-
5, or IC 9-30-9.
(f) This section does not require a physician
or a person under the direction of a physician to
perform a chemical test.
(g) 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 shall obtain a blood, urine, or other
bodily substance sample if the following exist:
(1) A law enforcement officer requests that
the sample be obtained.
(2) The law enforcement officer has certi-
fied 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.
(B) That the person from whom the
sample is to be obtained has been
involved in a motor vehicle accident
that resulted in the serious bodily injury
or death of another.
(C) That the accident that caused the
serious bodily injury or death of another
occurred not more than three (3) hours
before the time the sample is requested.
(3) Not more than the use of reasonable
force is necessary to obtain the sample.
(h) If the person:
(1) from whom the bodily substance sam-
ple is to be obtained under this section
does not consent; and
(2) resists the taking of a sample;
the law enforcement officer may use reasonable
force to assist an individual, who must be author-
ized under this section to obtain a sample, in the
taking of the sample.
(i) The person authorized under this section
to obtain a bodily substance sample shall take
the sample in a medically accepted manner.
(j) This subsection does not apply to 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 trans-
port the person to a place where the sample may
be obtained by any of the following persons who
are trained in obtaining bodily substance sam-
ples and who have been engaged to obtain sam-
ples under this section:
(1) A physician holding an unlimited
license to practice medicine or osteopathy.
(2) A registered nurse.
(3) A licensed practical nurse.
(4) An advanced emergency medical tech-
nician (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 (k)
through (l), any other person qualified
through training, experience, or education
to obtain a bodily substance sample.
(k) A law enforcement officer may not obtain
a bodily substance sample under this section if the
sample is to be obtained from another law enforce-
ment officer as a result of the other law enforce-
ment officer's involvement in an accident or
alleged crime.
(l) A law enforcement officer who is other-
wise qualified to obtain a bodily substance sam-
ple under this section may obtain a bodily
substance sample from a person involved in an
accident or alleged crime who is not a law enforce-
ment officer only if:
(1) before January 1, 2013, 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
