Summary as Introduced
Amends the First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person is employed by, or affiliated with, the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a critical incident stress management session is confidential and may not be disclosed by any CISM practitioner. Provides that a CISM practitioner may not be compelled to testify or disclose any communication, record, note, report, or information disclosed during, or in connection with, a critical incident stress management session in any administrative, civil, or criminal proceeding. Provides that the confidentiality protections under the provisions apply whether or not the CISM practitioner is affiliated with the same agency as the individual receiving services. Provides that any communication described in the provisions is subject to subpoena for good cause shown. Provides that the confidentiality protections under the provisions do not apply to (1) any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide; (2) any information mandated by law or agency policy to be reported, including, but not limited to, domestic violence, child abuse or neglect, or elder abuse or neglect; (3) any admission of criminal conduct; or (4) an admission or act of refusal to perform duties to protect others or the employee of the emergency services provider or law enforcement agency. Defines "CISM practitioner" and "CISM services".
Staff Analysis
Amends the First Responders Suicide Prevention Act. Provides that confidentiality protections under the Act apply regardless of whether the peer support person or critical incident stress management (CISM) practitioner is employed by or affiliated with the same agency as the first responder receiving support. Provides that, except in specified circumstances, all communications, records, notes, reports, or information disclosed during, or in connection with, a peer support counseling session or CISM services are confidential, may not be disclosed, and a CISM practitioner may not be compelled to testify or disclose such information in any administrative, civil, or criminal proceeding. Provides that such communications may be subject to subpoena for good cause shown.
Provides that confidentiality privileges do not apply if: (1) the communication indicates an intent to engage in conduct likely to result in imminent death or serious physical injury to the participant or another individual; (2) the information disclosed is required to be reported under mandated reporting laws, including maltreatment of minors or vulnerable adults, with disclosure limited to information necessary to make such a report; (3) the participant expressly waives the privilege or consents to disclosure; (4) the participant is deceased and the surviving spouse or the executor or administrator of the estate expressly waives the privilege or consents to disclosure; or (5) the participant sought or used peer support counseling or CISM services to enable or aid in committing or planning a fraud or other crime. Defines “CISM practitioner” and “CISM services.”