Sec. 5. (a) The director of the state department of toxicology shall adopt rules under IC 4-22-2 concerning the following:

(1) Standards and regulations for the:

(A) selection;

(B) training; and

(C) certification;

of breath test operators.

(2) Standards and regulations for the:

(A) selection; and

(B) certification;

of breath test equipment and chemicals.

(3) The certification of the proper technique for administering a breath test.

(b) A certification in accordance with rules adopted under subsection (a) shall be:

(1) sent in writing to the clerk of the circuit court in each county where the breath test operator, equipment, or chemicals are used to administer breath tests; or

(2) published on the Internet web site of the department of toxicology.

However, failure to send or publish a certification as required by this subsection does not invalidate any test.

(c) A certification in accordance with rules adopted under subsection (a) that is sent in writing under subsection (b)(1) or published on the Internet web site of the department under subsection (b)(2) and obtained from the department as an electronic record bearing an electronic signature:

(1) is admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15;

(2) constitutes prima facie evidence that the equipment or chemical:

(A) was inspected and approved by the state department of toxicology on the date specified on the writing or electronic record; and

(B) was in proper working condition on the date the breath test was administered if the date of approval is not more than one hundred eighty (180) days before the date of the breath test;

(3) constitutes prima facie evidence of the approved technique for administering a breath test; and

(4) constitutes prima facie evidence that the breath test operator was certified by the state department of toxicology on the date specified on the writing or electronic record.

(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).

[Pre-1991 Recodification Citation: 9-11-4-5.]

As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9; P.L.158-2011, SEC.2; P.L.38-2017, SEC.1.