Ind. Code ch. 10-20-2

in effect

Ind. Code § 10-20-2-1 Department of toxicology established

Sec. 1. The state department of toxicology is established as a department of state government. As added by P.L.158-2011, SEC.3.

Ind. Code § 10-20-2-2 Director of department

Sec. 2. The governor shall appoint a director of the department. The director has the authority to carry out the responsibilities of the department. The director: (1) serves at the governor's pleasure; (2) is entitled to receive compensation in an amount set by the governor; and (3) is qualified by education and experience to administer the affairs of the department. As added by P.L.158-2011, SEC.3.

Ind. Code § 10-20-2-3 Employees

Sec. 3. The director may appoint employees in the manner provided by IC 4-15-2.2 and fix their compensation, subject to the approval of the budget agency under IC 4-12-1-13. As added by P.L.158-2011, SEC.3. Amended by P.L.6-2012, SEC.74.

Ind. Code § 10-20-2-4 Duties of department

Sec. 4. (a) The department shall do the following: (1) Conduct analyses for poisons, drugs, and alcohols upon human tissues and fluids submitted by: (A) Indiana coroners, prosecuting attorneys, and sheriffs; (B) authorized officials of the Indiana state police and Indiana city police departments; and (C) officials of hospitals; in cases of suspected poisoning or intoxication of human beings. (2) Report the analytical findings of the department to the official requesting the analyses. (3) Consult with Indiana coroners and coroner's physicians regarding the interpretation of the analytical findings. (b) The personnel of the department shall furnish expert testimony regarding the department's analytical findings in all legal hearings, including criminal prosecutions related to the findings. As added by P.L.158-2011, SEC.3.

Ind. Code § 10-20-2-5 Additional duties of department

Sec. 5. The department has the following duties: (1) Provide instruction in toxicology to law enforcement officers and certify law enforcement officers as required by the statutes for the administration of breath and other chemical tests. (2) Provide instruction and technical assistance as needed to prosecutors and defense counsel for the proper: (A) admission of test results into evidence; or (B) exclusion of test results from evidence. (3) Provide instruction to judges concerning toxicology and the science of alcohol and drug testing as needed to improve the administration of justice. (4) Provide information to the public concerning chemical testing and the science of toxicology to advance a better understanding of the system of justice in Indiana. As added by P.L.158-2011, SEC.3. Amended by P.L.6-2012, SEC.75.

Ind. Code § 10-20-2-6 Conduct research

Sec. 6. The department shall conduct research on the following: (1) The detection of toxic compounds that may be components of drugs or medicines or may be present in pesticides used for agricultural or other purposes. (2) The treatment of poisoning from toxic substances. As added by P.L.158-2011, SEC.3.

Ind. Code § 10-20-2-7 Expired

As added by P.L.158-2011, SEC.3. Expired 7-1-2012 by P.L.158-2011, SEC.3.

Ind. Code § 10-20-2-8 Fees

Sec. 8. (a) The department may charge a fee for the following: (1) Certifying and recertifying individuals who operate breath testing equipment. (2) Maintaining and calibrating breath testing equipment, including offsetting the costs of replacing equipment and instruments used at the state and local levels for breath testing. (3) Providing training services. The amount of the fee is the amount that was being charged as of January 1, 2013. (b) The department may change the amount of a fee being charged under subsection (a) by adopting a rule under IC 4-22-2. In addition, at least six (6) months before a rule changing the amount of a fee may take effect, the department shall provide to: (1) each agency that has paid a fee to the department in the previous twelve (12) months; and (2) any other person that makes a request to be on the notification list; a notice of the fee amount the department is proposing. The notice must be published on the department's website and published in the Indiana Register. The notice required by subdivisions (1) and (2) may be provided by an electronic mail message that includes a direct link to the notice on the department's website. (c) The fees that have been charged and collected by the department since July 1, 2011, for the items listed in subsection (a)(1) through (a)(3) are legalized and validated. The department may continue to charge a fee for the items listed in subsection (a)(1) through (a)(3) in the fee amount that was being charged by the department as of January 1, 2013, without the adoption of a rule. Before July 1, 2013, the department shall publish a schedule listing the current fee amounts being charged for the items listed in subsection (a)(1) through (a)(3) on the department's website and in the Indiana Register, with a reference to this section's legalization and validation of these fee amounts. (d) Fees collected under this section shall be deposited in the breath test training and certification fund established by section 9 of this chapter. In addition, money from fees collected by the state department of toxicology established under IC 21-45-3 (now repealed) and from fees collected by the department since July 1, 2011, shall be transferred to the fund. As added by P.L.73-2013, SEC.1. Amended by P.L.1-2025, SEC.152.

Ind. Code § 10-20-2-9 Breath test training and certification fund

Sec. 9. (a) The breath test training and certification fund is established as a dedicated fund for the purpose of providing money for operating the department, replacing equipment and instruments, and conducting research. The fund shall be administered by the department. (b) The expenses of administering the fund shall be paid from money in the fund. The fund consists of the following: (1) Fees collected by the department under section 8 of this chapter. (2) Money donated to the department and designated for use under this chapter. (3) Grants made to the department and designated for use under this chapter. (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from investments shall be deposited in the fund. (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund. As added by P.L.73-2013, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/10Fetched: 10/17/2026