Ind. Code § 36-8-2.5-2
Confidentiality of communications
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2025
As of January 1, 2018
Sec. 2. (a) Except as otherwise provided in this section, a communication made by an emergency responder to a CISM services provider while the emergency responder receives CISM services is confidential and may not be disclosed in a civil, criminal, or administrative proceeding. A record kept by a CISM services provider relating to CISM services provided to an emergency responder is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.
Sec. 2. (a) Except as otherwise provided in this section, a communication made by a first responder recipient to:
(1) a CISM services provider while the first responder recipient receives CISM services; or
(2) a peer support team member while the first responder recipient receives peer support services;
is confidential. A first responder recipient may not be compelled to testify or otherwise disclose a communication made to a CISM services provider or peer support team member relating to the first responder recipient's CISM services in a civil, criminal, or administrative proceeding.
(b) A CISM services provider or peer support team member may not be compelled to testify or otherwise disclose communications relating to CISM services in a civil, criminal, or administrative proceeding without the consent of the first responder recipient.
(c) Except as otherwise provided in this section, a record of a communication kept by:
(1) a CISM services provider relating to CISM services; or
(2) a peer support team member relating to peer support services;
provided to a first responder recipient is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.
(d) A communication is confidential for purposes of IC 5-14-3.
(e) A communication is not confidential and may be disclosed for the following purposes:
(1) The CISM services provider makes a referral for the emergency responder.
(1) The CISM services provider or peer support team member may disclose the communication to make a referral for the first responder recipient.
(2) The CISM services provider consults about the emergency responder with another CISM services provider or an appropriate professional associated with the CISM team.
(2) The CISM services provider or peer support team member may disclose the communication to consult about the first responder recipient with a CISM services provider, peer support team member, or an appropriate professional associated with the CISM team or peer support team.
(3) The CISM services provider or peer support team member may disclose the communication to the extent reasonably necessary to prevent a first responder recipient from committing a crime or fraud that the CISM services provider or peer support team member reasonably believes is likely to result in death, substantial bodily harm, or substantial economic injury to another.
(f) A communication is not confidential if:
(1) the communication conveys information that the first responder recipient poses or appears to pose an imminent threat of harm to the first responder recipient, a CISM services provider, a peer support team member, or another individual;
(2) the communication conveys information relating to child, spousal, or elder abuse;
(3) the first responder recipient or the legal representative of the first responder recipient expressly agrees that the first responder recipient's communication is not confidential;
(4) the CISM services provider or the peer support team member was a witness or a party to the incident that led to the provision of CISM services or peer support services; or
(5) the first responder recipient consents to the disclosure of the communication.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.