Introduced Version






HOUSE BILL No. 1503

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 4-23-6; IC 16-19-14; IC 16-35-7; IC 16-37-3-8; IC 31-33; IC 34-30-2; IC 36-2-14.

Synopsis: Medical examiners and coroners. Creates the office of the state medical examiner (office) within the state department of health (state department). Requires the creation of regional medical examiner offices to conduct autopsies referred by each county coroner in the region. Sets forth the duties of a regional medical examiner. Requires the office to bill the county from which a subject of an autopsy resided for the costs of the autopsy. Requires a county coroner to certify a death after the regional medical examiner forwards an autopsy report to the county coroner. Requires the state department to compile and make available for public inspection autopsy records of a child who dies from sudden infant death syndrome (SIDS). Requires the state department to adopt rules: (1) for hospitals and physicians to identify suspicious deaths of children; and (2) to certify a child death pathologist. Allows a local child fatality review team or the statewide child fatality review committee to subpoena documents regarding a death that the team is reviewing. Requires a certified child death pathologist (CCDP) within the regional office to: (1) consult with the coroner; (2) conduct certain autopsies; and (3) perform certain duties. Requires a coroner to notify a local or the statewide child fatality review team of: (1) each death of a person less than 18 years of age; and (2) a possible SIDS death. Requires a coroner to consult with a CCDP to determine if an autopsy is necessary if the person who died is less than 18 years of age. Provides procedures if a coroner and CCDP do not agree if an autopsy is necessary of a person less than 18 years of age. Makes it a Class B infraction if a person knowingly or intentionally fails to contact a coroner or law enforcement agency of the discovery of a body of a
(Continued next page)

Effective: July 1, 2007.





Orentlicher




    January 23, 2007, read first time and referred to Committee on Family, Children and Human Affairs.





Digest Continued

child less than 1 year old who has died. Makes conforming amendments. Repeals the chapter concerning the commission on forensic sciences. Repeals language regarding a coroner charging another county for the costs of an autopsy of a resident of the other county.



Introduced

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.

HOUSE BILL No. 1503



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-19-14; (07)IN1503.1.1. -->     SECTION 1. IC 16-19-14 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 14. Office of the State Medical Examiner
    Sec. 1. As used in this chapter, "director" means the director of the office of the state medical examiner established by section 4 of this chapter.
    Sec. 2. As used in this chapter, "office" means the office of the state medical examiner established by section 4 of this chapter.
    Sec. 3. As used in this chapter, "regional office" means the office of the state medical examiner designated to perform autopsies for county coroners for a specific region of Indiana.
    Sec. 4. The office of the state medical examiner is established within the state department.
    Sec. 5. (a) The state health commissioner shall designate staff to

operate the office.
    (b) The staff must include a director of the office.
    Sec. 6. (a) The director of the office shall:
        (1) designate staff to operate the regional offices; and
        (2) establish minimum and uniform standards of excellence, performance of duties, and maintenance of records to provide information to county coroners regarding causes of death for cases investigated.
    (b) Each regional office shall have, at a minimum, the following staff:
        (1) A forensic pathologist to serve as the regional medical examiner.
        (2) Assistant regional medical examiners.
        (3) A certified child death pathologist who has been certified by the state department under IC 16-35-7-4.
        (4) Staff to support the regional medical examiner and the assistant regional medical examiners.
    (c) A regional medical examiner, a certified child death pathologist, and an assistant regional medical examiner may be a full-time employee or may work on contract with the office.

     Sec. 7. (a) The state health commissioner shall divide the state into at least five (5) regional medical examiner districts. Each district must have at least one (1) regional office that performs autopsies for county coroners.
     (b) In determining the regional structure, the state health commissioner shall consider:
        (1) the population of the region;
        (2) the geographical size of the area covered;
        (3) the availability of trained personnel; and
        (4) the death rate by natural and unnatural causes.
    (c) A county may not be divided to create a region.
    Sec. 8. Each regional office shall have facilities for investigating deaths and performing autopsies, or the director of the office may arrange for the use of an existing public or private laboratory.
    Sec. 9. Each regional office shall conduct autopsies referred by a coroner as required under IC 36-2-14-6(d).

     Sec. 10. Upon receipt of a referral from a coroner under IC 36-2-14-6(d), the regional medical examiner shall:
        (1) take charge of the body;
        (2) make inquiries regarding the cause and manner of death;
        (3) reduce the findings to writing; and
        (4) promptly make a full report to the:


            (A) coroner who referred the autopsy; and
            (B) office.
    Sec. 11. For each autopsy performed by the office or a regional office, the office shall bill the county from which the subject of an autopsy resided for the autopsy costs as provided by IC 16-37-3-8(b).
    Sec. 12. A regional medical examiner or an assistant regional medical examiner who performs a medical examination or an autopsy is immune from civil liability for performing the examination or autopsy.
    Sec. 13. The state department of health may adopt rules under IC 4-22-2 to implement this chapter.

SOURCE: IC 16-35-7; (07)IN1503.1.2. -->     SECTION 2. IC 16-35-7 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 7. Deaths of Children
    Sec. 1. The state department of health shall compile and make available for public inspection autopsy records described in IC 36-2-14-6.7(e).
    Sec. 2. The state department may receive funds from any source and expend the funds for the administration of this chapter.
    Sec. 3. The state department shall adopt rules under IC 4-22-2 for hospitals and physicians to identify suspicious deaths of children who are less than eighteen (18) years of age.
    Sec. 4. (a) The state department shall adopt rules under IC 4-22-2 to certify a child death pathologist and to require special training to conduct autopsies on child fatalities.
    (b) A child death pathologist must be a physician:
        (1) who:
            (A) is certified by the American Board of Pathology; or
            (B) holds an unlimited license to practice medicine in Indiana and acts under the direction of a physician certified by the American Board of Pathology; and
        (2) who:
            (A) has received special training; or
            (B) has experience;
        in the area of child fatalities.

     (c) The state department must approve an annual training program or provide a training program for certified child death pathologists concerning new procedures for child death investigations.
    (d) To maintain certification, a child death pathologist must

complete annual training concerning new procedures for child death investigation that is approved by the state department under subsection (c).

SOURCE: IC 16-37-3-8; (07)IN1503.1.3. -->     SECTION 3. IC 16-37-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) Except as provided in subsection (c), payment for the cost of an autopsy requested by a party other than the local health official of the county in which the individual died must be made by the party requesting the autopsy and paid to the office of the state medical examiner as required by IC 16-19-14-11.
    (b) Except as provided in subsection (c), payment for the cost of an autopsy required by the local health officer shall be made from funds appropriated to the local health department and paid to the office of the state medical examiner as required by IC 16-19-14-11.
    (c) Except as provided in IC 4-24-4-1, if:
        (1) an individual who is a resident of Indiana dies in an Indiana county:
            (A) in which at least one (1) air ambulance provider is located; and
            (B) of which the individual is not a resident; and
        (2) an autopsy is performed on the individual:
            (A) in the county in which the individual died; and
            (B) under the authority of the county coroner in the discharge of the coroner's duties;
the county coroner shall bill the county in which the incident occurred that caused the death of the individual on whom the autopsy was performed for the cost of the autopsy.
SOURCE: IC 31-33-24-7; (07)IN1503.1.4. -->     SECTION 4. IC 31-33-24-7, AS ADDED BY P.L.145-2006, SECTION 287, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) A child fatality review consists of determining:
        (1) whether similar future deaths could be prevented; and
        (2) agencies or resources that should be involved to adequately prevent future deaths of children.
    (b) In conducting the child fatality review under subsection (a), the local child fatality review team shall review every record concerning the deceased child that is held by the department.
     (c) A local child fatality review team may subpoena records from hospitals, physicians, and mental health professionals regarding a death the local child fatality review team is investigating.
SOURCE: IC 31-33-25-7; (07)IN1503.1.5. -->     SECTION 5. IC 31-33-25-7, AS ADDED BY P.L.145-2006,

SECTION 288, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. (a) A child fatality review conducted by the statewide child fatality review committee under this chapter must consist of determining:
        (1) whether similar future deaths could be prevented; and
        (2) agencies or resources that should be involved to adequately prevent future deaths of children.
    (b) In conducting the child fatality review under subsection (a), the statewide child fatality review committee shall review every record concerning the deceased child that is held by:
        (1) the department of child services; or
        (2) a local child fatality review team.
    (c) The statewide child fatality review committee may subpoena records from hospitals, physicians, and mental health professionals regarding a death the statewide child fatality review committee is investigating.

SOURCE: IC 34-30-2-64.5; (07)IN1503.1.6. -->     SECTION 6. IC 34-30-2-64.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 64.5. IC 16-9-14-12 (Concerning medical examiners performing certain examinations or autopsies).
SOURCE: IC 36-2-14-1.5; (07)IN1503.1.7. -->     SECTION 7. IC 36-2-14-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.5. As used in this chapter, "certified child death pathologist" means a physician:
        (1) who:
            (A) is certified by the American Board of Pathology; or
            (B) holds an unlimited license to practice medicine in Indiana and acts under the direction of a physician certified by the American Board of Pathology; and
        (2) who has been certified by the state department under IC 16-35-7-4.

SOURCE: IC 36-2-14-5.5; (07)IN1503.1.8. -->     SECTION 8. IC 36-2-14-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.5. A certified child death pathologist of the regional office of the state medical examiner shall:
        (1) consult with a coroner concerning a death described in section 6.3(b) of this chapter;
        (2) conduct an autopsy of a child as described in sections 6.3(d) and 6.7(a) of this chapter; and
        (3) perform duties described in section 6.7(f) and 6.7(g) of this chapter.

SOURCE: IC 36-2-14-6; (07)IN1503.1.9. -->     SECTION 9. IC 36-2-14-6 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) Whenever the coroner is notified that a person in the county:
        (1) has died from violence;
        (2) has died by casualty;
        (3) has died when apparently in good health;
        (4) has died in an apparently suspicious, unusual, or unnatural manner; or
        (5) has been found dead;
he the coroner shall, before the scene of the death is disturbed, notify a law enforcement agency having jurisdiction in that area. The agency shall assist the coroner in conducting an investigation of how the person died and a medical investigation of the cause of death.
    (b) The coroner shall file with the person in charge of interment a coroner's certificate of death within seventy-two (72) hours after being notified of the death. If the cause of death is not established with reasonable certainty within seventy-two (72) hours, the coroner shall file with the person in charge of interment a coroner's certificate of death, with the cause of death designated as "deferred pending further action". As soon as he the coroner determines the cause of death, the coroner shall file a supplemental report indicating his the coroner's exact findings with the local health officer having jurisdiction, who shall make it part of his the local health officer's official records.
    (c) If this section applies, the body and the scene of death may not be disturbed until the coroner has photographed them in the manner that most fully discloses how the person died. However, a coroner or law enforcement officer may order a body to be moved before photographs are taken if the position or location of the body unduly interferes with activities carried on where the body is found, but the body may not be moved from the immediate area and must be moved without substantially destroying or altering the evidence present.
    (d) When acting under this section, if the coroner considers it necessary to have an autopsy performed is required to perform an autopsy under subsection (f), or is requested by the prosecuting attorney of the county to perform an autopsy, the coroner shall employ a physician:
        (1) certified by the American board of pathology; or
        (2) holding an unlimited license to practice medicine in Indiana and acting under the direction of a physician certified by the American board of pathology;
refer the autopsy to the appropriate regional medical examiner to perform the autopsy. The physician performing the autopsy shall be paid a fee of at least fifty dollars ($50) from the county treasury. A

coroner may employ the services of the medical examiner system, provided for in IC 4-23-6-6, when an autopsy is required, as long as this subsection is met.
    (e) Except as provided in section 6.3 or 6.7 of this chapter, if:
        (1) at the request of:
            (A) the decedent's spouse;
            (B) a child of the decedent, if the decedent does not have a spouse;
            (C) a parent of the decedent, if the decedent does not have a spouse or children;
            (D) a brother or sister of the decedent, if the decedent does not have a spouse, children, or parents; or
            (E) a grandparent of the decedent, if the decedent does not have a spouse, children, parents, brothers, or sisters;
        (2) in any death, where two (2) or more witnesses who corroborate the circumstances surrounding death are present; and
        (3) two (2) physicians who are licensed to practice medicine in the state and who have made separate examinations of the decedent certify the same cause of death in an affidavit within twenty-four (24) hours after death;
an autopsy need not be performed. The affidavits shall be filed with the circuit court clerk.
    (f) A county coroner may not certify the cause of death in the case of the sudden and unexpected death of a child who is at least one (1) week old and not more than three (3) years old unless an autopsy is performed at county expense. However, a coroner may certify the cause of death of a child described in this subsection without the performance of an autopsy if subsection (e) applies to the death of the child.
     (f) A county coroner shall certify a death after the county coroner has received the autopsy report from the regional medical examiner as described in IC 16-19-14-10.

SOURCE: IC 36-2-14-6.3; (07)IN1503.1.10. -->     SECTION 10. IC 36-2-14-6.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6.3. (a) A coroner shall notify:
        (1) the local child fatality review team; or
        (2) if the county does not have a local child fatality review team, the statewide child fatality review committee;
of each death of a person who is less than eighteen (18) years of age, or appears to be less than eighteen (18) years of age.
    (b) If a child less than eighteen (18) years of age dies, the coroner shall consult with a certified child death pathologist in the regional office of the state medical examiner to determine if an

autopsy is necessary. If a coroner and the certified child death pathologist disagree over the need for an autopsy, the certified child death pathologist shall file a report with the local child fatality review team and, if the county does not have a local child fatality review team, with the statewide child fatality review committee. The certified child death pathologist shall indicate the basis of the disagreement in the report.
    (c) If a local child fatality review team or the statewide child fatality review committee receives a report described in subsection (b), the fatality review team or statewide child fatality review committee shall determine if the autopsy is necessary. If the autopsy is considered necessary, a certified child death pathologist shall conduct the autopsy within twenty-four (24) hours. If the autopsy is not considered necessary, the autopsy shall not be conducted.

     (d) If a child death pathologist and coroner agree under subsection (b), the child death pathologist shall conduct the autopsy of the child.

SOURCE: IC 36-2-14-6.7; (07)IN1503.1.11. -->     SECTION 11. IC 36-2-14-6.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6.7. (a) This section applies to a child who:
        (1) died suddenly and unexpectedly;
        (2) was less than three (3) years of age, but more than one (1) week of age at the time of death; and
        (3) was in apparent good health before dying.
    (b) A certified child death pathologist in the regional office of the state medical examiner shall conduct an autopsy of a child whose death is described in subsection (a).
    (c) A county coroner may not certify the cause of death of a child whose death is described in subsection (a) until an autopsy is performed at county expense.
    (d) The county coroner shall contact the parent or guardian of a child whose death is described in subsection (a) and notify the parent or guardian that an autopsy will be conducted at county expense.
    (e) The results of an autopsy conducted under this section shall be sent to the state department. The state department shall compile and make available for public inspection the results of an autopsy conducted under this section.

     (f) The certified child death pathologist shall:
        (1) ensure that a tangible summary of the autopsy results is

provided;
        (2) provide informational material on the subject concerning sudden infant death syndrome; and
        (3) except if the release of autopsy results would jeopardize a law enforcement investigation, provide notice that a parent or guardian has the right to receive the full autopsy results;
within one (1) week after the autopsy to the parents or guardian of the child
.
     (g) If a parent or guardian of a child described in subsection (a) requests the full autopsy results of the child, the certified child death pathologist shall provide the full autopsy results to the parent or guardian within thirty (30) days of the request at no cost.
    (h) A coroner shall notify:
        (1) a local child fatality review team; or
        (2) if the county does not have a local child fatality review team, the statewide child fatality review committee;
of each death described in subsection (a).

SOURCE: IC 36-2-14-10; (07)IN1503.1.12. -->     SECTION 12. IC 36-2-14-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. (a) After viewing the body, hearing the evidence, and making all necessary inquiries, the coroner shall draw up and sign his the coroner's verdict on the death under consideration. The coroner shall also make a written report giving an accurate description of the deceased person, his the deceased person's name if it can be determined, and the amount of money and other property found with the body. The verdict and the written report are subject to inspection and copying under IC 5-14-3-3.
    (b) Except as provided in subsections (c), (d), and (e), a photograph, video recording, or audio recording of an autopsy in the custody of a medical examiner is declared confidential for purposes of IC 5-14-3-4(a)(1).
    (c) A surviving spouse may:
        (1) view and copy a photograph or video recording; and
        (2) listen to and copy an audio recording;
of the deceased spouse's autopsy. If there is no surviving spouse, the surviving parents shall have access to the records under this section. If there is no surviving spouse or parent, an adult child shall have access to the records.
    (d) Upon making a written request, a unit (as defined in IC 36-1-2-23), the state, an agency of the state, the federal government, or an agency of the federal government, while in performance of their official duty, may:
        (1) view and copy a photograph or video recording; and
        (2) listen to and copy an audio recording;
of an autopsy. Unless otherwise required in the performance of official duties, the identity of the deceased must remain confidential.
    (e) The coroner, or the coroner's designee, or the regional medical examiner having custody of a photograph, a video recording, or an audio recording of an autopsy may use or allow the use of the photograph, video recording, or audio recording of the autopsy for case consultation with a pathologist or forensic scientist. The coroner, or the coroner's designee, or the regional medical examiner having custody of a photograph, a video recording, or an audio recording of an autopsy may also use or allow the use of the photograph, video recording, or audio recording for training or educational purposes (as defined in IC 16-39-7.1-1.5) if all information that identifies the individual on whom the autopsy was performed is masked or removed from the photograph, video recording, or audio recording. For purposes of this subsection, information that identifies an individual consists of:
        (1) the name;
        (2) the address;
        (3) the Social Security number;
        (4) a full view of the face; or
        (5) identifying marks on the body that are unrelated to the medical condition or medical status;
of the deceased individual. A coroner, or the coroner's designee, or the regional medical examiner who allows the use of autopsy information under this subsection has a duty to disclose to each person to whom the coroner, or the coroner's designee, or the regional medical examiner releases it that the information is confidential and may not be used for a purpose other than the purpose for which it was originally released. Information disclosed under this subsection is confidential. A coroner, or the coroner's designee, or the regional medical examiner who fails to disclose the confidentiality restrictions of this information commits a Class A misdemeanor.
    (f) Except as provided in subsection (e), the coroner, or the coroner's designee, or the regional medical examiner having custody of a photograph, a video, or an audio recording of an autopsy may not permit a person to:
        (1) view or copy the photograph or video recording; and
        (2) listen to or copy the audio recording;
of an autopsy without a court order.
    (g) A court, upon a showing of good cause, may issue an order authorizing a person to:
        (1) view or copy a photograph or video recording; and
        (2) listen to or copy an audio recording;
of an autopsy, and may prescribe any restrictions or stipulations that the court considers appropriate.
    (h) In determining good cause under subsection (g), the court shall consider:
        (1) whether the disclosure is necessary for the public evaluation of governmental performance;
        (2) the seriousness of the intrusion into the family's right to privacy;
        (3) whether the disclosure of the photograph, video recording, or audio recording is by the least intrusive means available; and
        (4) the availability of similar information in other public records, regardless of form.
    (i) In all cases, the viewing, copying, listening to, or other handling of a photograph, video recording, or audio recording of an autopsy must be under the direct supervision of the coroner, or the coroner's designee, or the regional medical examiner, who is the custodian of the record.
    (j) A surviving spouse shall be given:
        (1) reasonable notice of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording;
        (2) a copy of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording; and
        (3) reasonable notice of the opportunity to be present and heard at any hearing on the matter.
    (k) If there is no surviving spouse, the notice under subsection (j) must be given to the deceased's parents, and if the deceased has no living parent, the notice must be given to the adult children of the deceased.
    (l) A coroner, or the coroner's designee, or the regional medical examiner who:
        (1) is the custodian of a photograph, a video recording, or an audio recording of an autopsy; and
        (2) knowingly or intentionally violates this section;
commits a Class A misdemeanor.
    (m) A person who knowingly or intentionally violates a court order issued under this section commits a Class A misdemeanor.
    (n) A person who:
        (1) receives autopsy information under subsection (e); and
        (2) knowingly or intentionally uses the information in a manner

other than the specified purpose for which it was released;
commits a Class A misdemeanor.

SOURCE: IC 36-2-14-17; (07)IN1503.1.13. -->     SECTION 13. IC 36-2-14-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 17. (a) A person who knowingly or intentionally fails to immediately notify the coroner or a law enforcement agency of the discovery of the body of a person who: has died:
        (1) has died from violence; or
        (2) has died in an apparently suspicious, unusual, or unnatural manner; or
         (3) has died and is less than one (1) year of age;
commits a Class B infraction.
    (b) A person who, without the permission of the coroner or a law enforcement officer, knowingly or intentionally moves or transports from the scene of death the body of a person who has died:
        (1) from violence; or
        (2) in an apparently suspicious, unusual, or unnatural manner;
commits a Class D felony.
SOURCE: IC 36-2-14-20; (07)IN1503.1.14. -->     SECTION 14. IC 36-2-14-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 20. (a) Except as provided in subsection (b) and IC 4-24-4-1, if an Indiana resident:
        (1) dies in an Indiana county as a result of an incident that occurred in another Indiana county; and
        (2) is the subject of an autopsy performed under the authority and duties of the county coroner of the county where the death occurred;
the county coroner shall bill the county in which the incident occurred for the cost of the autopsy, including the physician fee under section 6(d) of this chapter.
    (b) (a) Except as provided in subsection (a) and IC 4-24-4-1, payment for the costs of an autopsy requested by a party other than the:
        (1) county prosecutor; or
        (2) county coroner;
of the county in which the individual died must be made by the party requesting the autopsy.
    (c) (b) This section does not preclude the coroner of a county in which a death occurs from attempting to recover autopsy costs from the jurisdiction outside Indiana where the incident that caused the death occurred.
    SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2007]: IC 4-23-6; IC 34-30-2-4.