HOUSE  .   .   .   .   .   .   .  No. 4850

The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, July  30, 2018.                         

The committee on Ways and Means, to whom was referred the Senate Bill relative to critical incident intervention by emergency service providers (Senate, No. 2633), reports recommending that the same ought to pass with an amendment striking all after the enacting clause and inserting in place thereof the text contained in House document numbered 4850.

For the committee,

JEFFREY SÁNCHEZ

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4850

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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By striking out all after the enacting clause and inserting in place thereof the following:–
 

SECTION 1. Chapter 233 of the General Laws is hereby amended by inserting after section 20N the following sections:-

Section 20O.  (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- 

“Certified emergency service provider”, an emergency service provider certified by the secretary to provide crises intervention services.

“Crisis intervention”, immediate short-term psychological care provided by a certified emergency service provider providing critical incident stress management to an emergency service provider after said emergency service provider’s response to a critical incident.

“Crisis intervention services”, consultation, counseling, debriefing, defusing, intervention services, prevention or referral.

“Critical incident”, an event resulting in psychological stress or trauma to an emergency service provider as a result of said emergency service provider’s response to the incident.

“Critical incident stress management”, a program designed to assist an emergency service provider in coping with the psychological stress or trauma resulting from said emergency service providers response to a critical incident.

“Emergency service provider”, an active or retired law enforcement officer, police officer, state police trooper, sheriff or deputy sheriffs, firefighter, or emergency medical personnel.

“Secretary”, the secretary of the executive office of public safety and homeland security.

(b) (i) Information provided by an emergency service provider to a certified emergency service provider or licensed mental health professional as part of crisis intervention services provided by the certified emergency service provider or licensed mental health professional to the emergency service provider shall be confidential and the certified emergency service provider or licensed mental health professional shall not be required or compelled to testify or otherwise divulge any information provided by an emergency service provider to the certified emergency service provider or licensed mental health professional as part of crisis intervention services performed by the certified emergency service provider or licensed mental health professional, except as provided by subsection (c).

(ii) Information provided by an emergency service provider to a certified emergency service provider or licensed mental health professional as part of crisis intervention services provided by the certified emergency service provider or licensed mental health professional to the emergency service provider shall be confidential and shall not be disclosed to a third party, except as provided by subsection (c).

(c) Subsection (b) shall not apply to information provided by an emergency service provider to a certified emergency service provider or licensed mental health professional as part of crisis intervention services provided by the certified emergency service provider or licensed mental health professional to the emergency service provider if:

(i) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services is in need of treatment in a hospital for mental or emotional illness or that there is a threat of imminently dangerous activity by the emergency service provider receiving the crisis intervention services against himself or herself or another person;

(ii) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has engaged in conduct required to be reported pursuant to section 51A of chapter 119;

(iii) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has engaged in conduct in violation of any federal or state law;

(iv) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has admitted to criminal conduct;

(v) the certified emergency service provider or licensed mental health professional providing crisis intervention services has probable cause to believe that the emergency service provider receiving the crisis intervention services has admitted to conduct that constitutes a breach of the policy for the entity for which the emergency service provider receiving the crisis intervention services is employed;

(vi) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has admitted to conduct that constitutes a violation of the laws that are normally enforced by the entity for which  the emergency service provider receiving the crisis intervention services is employed;

(vii) the certified emergency service provider or licensed mental health professional providing crisis intervention services was an initial emergency service responder, a witness, or a party to the critical incident that prompted an emergency service provider to engage in crises intervention services; or

(viii) the emergency service provider receiving the crisis intervention services waives confidentiality and gives express consent for the certified emergency service provider or licensed mental health professional to testify or the emergency service provider receiving the crisis intervention services otherwise divulges information related to such services to any third party.

(d) All emergency service providers providing crisis intervention services to emergency service providers pursuant to this section shall be registered with the secretary.

The secretary shall annually certify an emergency service provider as a certified emergency service provider upon receipt of an emergency service provider’s registration with the International Critical Incident Stress Foundation, Inc. or the Massachusetts Peer Support Network and upon the emergency service provider’s employer registering the emergency service provider with the secretary.

Emergency service providers shall annually provide their employer and secretary with proof of the provider’s registration with the International Critical Incident Stress Foundation, Inc. or the Massachusetts Peer Support Network.

Entities employing emergency service providers shall annually register with the secretary an employee authorized by the employer and registered with the International Critical Incident Stress Foundation, Inc. or the Massachusetts Peer Support Network employed by the employer who provides crisis intervention services.

The secretary shall promulgate rules and regulations for the administration and enforcement of this section; provided, however, that the secretary shall not charge a fee for an emergency service provider to register pursuant to this section.

(e) Any certified emergency service provider determined by their employer or the secretary to be in violation of this section shall be decertified by the secretary and shall remain ineligible for recertification for a period of 5 years.

SECTION 2. Section 1 of this act shall take effect on January 1, 2019.