Indiana § 25-33.5-10-12 Immunity; defense in civil actions; indemnification

Indiana Statutes

§ 25-33.5-10-12 — Immunity; defense in civil actions; indemnification

Indiana·Title 25 PROFESSIONS AND OCCUPATIONS·Art. 33.5 PSYCHOLOGY INTERJURISDICTIONAL·Ch. 10 Establishment of the Psychology Interjurisdictional

(a)The:

(1)members;

(2)officers;

(3)executive director;

(4)employees; and

(5)representatives; of the commission shall be immune from each suit and liability, either personally or in the individual's official capacity, for any claim for damage to or loss of property, personal injury, or other civil liability caused by or arising out of an actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities as long as nothing may be construed to protect any individual from a suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of the individual.

(b)The commission shal

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(a) The:
(1) members;
(2) officers;
(3) executive director;
(4) employees; and
(5) representatives;
of the commission shall be immune from each suit and liability, either
personally or in the individual's official capacity, for any claim for
damage to or loss of property, personal injury, or other civil liability
caused by or arising out of an actual or alleged act, error, or omission
that occurred, or that the person against whom the claim is made had
a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities as long as nothing
may be construed to protect any individual from a suit or liability for
any damage, loss, injury, or liability caused by the intentional or willful
or wanton misconduct of the individual.
(b) The commission shall defend any member, officer, executive
director, employee, or representative of the commission in any civil
action seeking to impose liability arising out of any actual or alleged
act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that the individual against
whom the claim is made had a reasonable basis for believing occurred
within the scope of the commission employment, duties, or
responsibilities, provided that:
(1) nothing shall be construed to prohibit the individual from
retaining the individual's own counsel; and
(2) the actual or alleged act, error, or omission did not result from
the individual's intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member,
officer, executive director, employee, or representative of the
commission for the amount of any settlement or judgment obtained
against the individual arising out of any actual or alleged act, error, or
omission that occurred within the scope of commission employment,
duties, or responsibilities, or that the individual had reasonable basis
for believing occurred within the scope of commission employment,
duties, or responsibilities, provided that the actual or alleged act, error,
or omission did not result from intentional or willful or wanton
misconduct by the individual.

Indiana § 25-33.5-10-12 (Immunity; defense in civil actions; indemnification) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.