2020 -- S 2566 | |
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LC005121 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT – PUBLIC SAFETY AND PEER | |
SUPPORT MEMBERS | |
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Introduced By: Senators Archambault, McCaffrey, and Coyne | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 28.10 |
4 | PUBLIC SAFETY AND PEER SUPPORT MEMBERS |
5 | 42-28.10-1. Definitions. |
6 | As used in this chapter the following terms have the following meanings: |
7 | (1) “Crisis intervention” means immediate short-term psychological care provided by a |
8 | certified emergency service provider providing critical incident stress management to an |
9 | emergency service provider after responding to a critical incident. |
10 | (2) “Crisis intervention services” means consultation, counseling, debriefing, defusing, |
11 | intervention services, prevention or referral. |
12 | (3) “Critical incident” means an event resulting in psychological stress or trauma to an |
13 | emergency service provider as a result of their response to the incident. |
14 | (4) “Critical incident stress management” means a program designed to assist an |
15 | emergency service provider in coping with the psychological stress or trauma resulting from a |
16 | critical incident, consistent with training standards established by the International Critical Incident |
17 | Stress Foundation. |
18 | (5) “Emergency service provider” means any active or retired peace officer, as defined in |
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1 | § 12-7-21 and any firefighter, or emergency medical personnel employed or licensed in Rhode |
2 | Island. |
3 | 42-28.10-2. Emergency service provider certification. |
4 | An emergency service provider who provides crisis intervention services to other |
5 | emergency service providers pursuant to this section shall: |
6 | (i) Be certified by the International Critical Incident Stress Foundation, Inc.; |
7 | (ii) Provide documentation of such certification to their employer; and |
8 | (iii) Annually provide their employer with proof of the certification. |
9 | An entity employing a certified emergency service provider shall maintain the |
10 | documentation provided by the employee required by this section during the course of their |
11 | employment. The certification and any other documentation shall be made available and provided |
12 | to the department of health upon request. |
13 | 42-28.10-3. Crisis intervention services privileged. |
14 | (a) Information provided by an emergency service provider to a certified emergency |
15 | service provider or any other licensed mental health professional as part of crisis intervention |
16 | services, shall be confidential and the certified emergency service provider or licensed mental |
17 | health professional shall not be required or compelled to testify or otherwise disclose to any third |
18 | party, any information received as part of the crisis intervention services, except as provided by |
19 | subsection (b) of this section. |
20 | (b) Exceptions. – The testimonial privilege established herein shall not apply if any of the |
21 | following apply: |
22 | (1) The certified emergency service provider or licensed mental health professional has |
23 | reasonable cause to believe that the emergency service provider being counseled is in need of |
24 | treatment in a hospital for mental or emotional illness or that there is an imminent threat of harm |
25 | to the emergency service provider being counseled or any other third party. |
26 | (2) The certified emergency service provider or licensed mental health professional has |
27 | reasonable cause to believe that the emergency service provider being counseled has engaged in |
28 | conduct required to be reported pursuant to chapter 11 of title 40. |
29 | (3) The certified emergency service provider or licensed mental health professional |
30 | providing crisis intervention services has reasonable cause to believe that the emergency service |
31 | provider being counseled has engaged in conduct in violation of any federal or state law. |
32 | (4) The certified emergency service provider or licensed mental health professional |
33 | providing crisis intervention services has reasonable cause to believe that the emergency service |
34 | provider being counseled has admitted to criminal conduct. |
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1 | (5) The certified emergency service provider or licensed mental health professional |
2 | providing crisis intervention services has reasonable cause to believe that the emergency service |
3 | provider being counseled has admitted to conduct that constitutes a violation of the laws that are |
4 | normally enforced by the entity for which the emergency service provider receiving the crisis |
5 | intervention services is employed. |
6 | (6) The certified emergency service provider or licensed mental health professional |
7 | providing crisis intervention services was an initial emergency service responder, a witness, or a |
8 | party to the critical incident that prompted an emergency service provider to engage in crises |
9 | intervention services. |
10 | (7) The emergency service provider receiving the crisis intervention services waives |
11 | confidentiality and gives express consent for the certified emergency service provider or licensed |
12 | mental health professional to testify or the emergency service provider being counseled otherwise |
13 | discloses the information related to such services to any third-party. |
14 | 42-28.10-4. Penalties. |
15 | If an entity employing a certified emergency service provider determines that an employee |
16 | has violated the confidentiality of the person being counseled, the entity shall promptly notify, in |
17 | writing, the International Critical Incident Stress Foundation, Inc. of the violation. An employee |
18 | that violates this section shall be considered decertified and shall not be eligible to provide crisis |
19 | intervention services as a certified emergency service provider for a period of five (5) years. |
20 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT – PUBLIC SAFETY AND PEER | |
SUPPORT MEMBERS | |
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1 | This act would require emergency service providers who provide counseling to other |
2 | emergency service providers to be certified by the International Critical Incident Stress Foundation, |
3 | Inc. and would require the counselors to hold in confidence and keep privileged the information |
4 | they receive from the person being counseled, with several exceptions. |
5 | This act would take effect upon passage. |
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LC005121 | |
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