Critical incident stress management debriefings., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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between statutes enacted by the 2024 Regular Session of the General Assembly.

  HOUSE ENROLLED ACT No. 1118

   AN ACT to amend the Indiana Code concerning public safety.

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

   SECTION 1. IC 36-8-2.5-2, AS AMENDED BY P.L.7-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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 the communication
communications relating to CISM services in a civil, criminal, or
administrative proceeding without the consent of the first responder
recipient.
   (b) (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;

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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.

   (c) (d) A communication is confidential for purposes of IC 5-14-3.
   (d) (e) A communication is not confidential and may be disclosed
for the following purposes:

      (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 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.
   (e) (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.
   SECTION 2. IC 36-8-2.5-3, AS AMENDED BY P.L.7-2021,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A first responder recipient or the first
responder recipient's employer may not be held liable for damages
for any act, error, or omission committed by the first responder
recipient, including:
      (1) personal injury;

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      (2) wrongful death;
      (3) property damage; or
      (4) other loss;
based on a communication provided between a first responder
recipient and the CISM team, CISM services provider, or peer
support team as part of the CISM services for the first responder
recipient unless the act, error, or omission committed by the first
responder recipient or the first responder recipient's employer
constitutes wanton, willful, or intentional misconduct.
   (a) (b) Except as provided in subsection (c), (d), a CISM team or a
CISM services provider providing CISM services is not liable for
damages for any act, error, or omission committed by the CISM team
or the CISM services provider in performing CISM services in
accordance with this chapter, including:
      (1) personal injury;
      (2) wrongful death;
      (3) property damage; or
      (4) other loss;
unless the act, error, or omission constitutes wanton, willful, or
intentional misconduct.
   (b) (c) Except as provided in subsection (c), (d), a peer support
services team or a peer support services team member providing peer
support services is not liable for damages for any act, error, or omission
committed by the peer support team or the peer support team member
in performing peer support services in accordance with this chapter,
including:
      (1) personal injury;
      (2) wrongful death;
      (3) property damage; or
      (4) other loss;
unless the act, error, or omission constitutes wanton, willful, or
intentional misconduct.
   (c) (d) This section does not apply to an action for medical
malpractice.

HEA 1118
Speaker of the House of Representatives

President of the Senate

President Pro Tempore

Governor of the State of Indiana

Date:                             Time:

HEA 1118