Immunity; application to action for medical malpractice
Ind. Code § 36-8-2.5-3
in effectSec. 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;
(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.
(b) Except as provided in subsection (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.
(c) Except as provided in subsection (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.
(d) This section does not apply to an action for medical malpractice.
As added by P.L.137-2017, SEC.2. Amended by P.L.7-2021, SEC.4; P.L.51-2025, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026