Sec. 10. (a) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any 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, provided that nothing in this subsection shall be construed to protect any such person from suit or liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(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 person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to prohibit that person from retaining the person's own counsel, and provided further that the actual or alleged act, error, or omission did not result from that person'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 that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a 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 the intentional or willful or wanton misconduct of that person.
As added by P.L.3-2020, SEC.1.
Structure Indiana Code
Article 31.5. Emergency Medical Services Personnel Licensure Interstate Compact
Chapter 10. Establishment of the Interstate Commission for Ems Personnel Practice
16-31.5-10-1. Interstate Commission for Ems Personnel Practice Established
16-31.5-10-2. Commission a Body Politic; Venue; Sovereign Immunity
16-31.5-10-3. State Delegate; Vacancy; Voting
16-31.5-10-4. Meetings; Nonpublic Meetings; Minutes
16-31.5-10-5. Commission Bylaws
16-31.5-10-6. Publication of Bylaws; Financial Records
16-31.5-10-7. Commission Actions Governed by Compact and Bylaws
16-31.5-10-8. Commission Powers
16-31.5-10-9. Payment of Expenses; Annual Assessment; Annual Audit