Indiana Code 36-8-2.5-2. Confidentiality of communications
(1) a CISM services provider while the first responder recipient receives CISM services; or
Terms Used In Indiana Code 36-8-2.5-2
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
is confidential. A CISM services provider or peer support team member may not be compelled to testify or otherwise disclose the communication in a civil, criminal, or administrative proceeding without the consent of the first responder recipient.
(b) 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.
(c) A communication is confidential for purposes of IC 5-14-3.
(d) 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) 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.
As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.3.