§ 36-8-2.5-2 — Confidentiality of communications

Indiana § 36-8-2.5-2

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 2.5: Critical Incident Stress Management Services

Text

(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 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.
(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.

Legislative History

As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.3; P.L.51-2025, SEC.1.