SB0163112th GA (Historical)Introduced

Amends TCA Title 10 and Title 24, Chapter 1.

This bill adds communications with a peer supporter occurring during a critical incident stress management intervention to those communications that are considered confidential and for which a person cannot be called to testify or otherwise divulge. Under present law, all communications between a team member or a team leader providing, and a group participant or person participating in, a crisis intervention are considered confidential and no such person is required to disclose any such communication unless otherwise required by law or rule of court. This bill adds that all communication between a peer supporter providing, and a law enforcement officer, firefighter, or emergency medical services personnel participating in, critical incident stress management (CISM) intervention at any phase is confidential and no person may be required to disclose the communication unless otherwise required by law or rule of court. Under present law, with certain exceptions, a person whether a team member, team leader or group participant, providing or participating in a crisis intervention cannot be required to testify or divulge any information obtained solely through such crisis intervention. This bill adds that a peer supporter cannot be required to testify or divulge any information obtained solely through CISM intervention if: (1) The peer supporter was designated as a peer supporter by the sheriff, police chief, fire chief, director of emergency medical services, colonel of the Tennessee highway patrol, or director of the Tennessee bureau of investigation prior to the incident resulting in CISM intervention; and (2) The peer supporter was acting in the capacity of a peer supporter at the time of the communication. This bill specifies that the above provision will not apply if the peer supporter was involved in conducting an investigation into the incident discussed; an initial responding law enforcement officer, firefighter, or emergency medical services personnel; a witness; or a party to the incident that prompted the CISM intervention services. This bill defines "peer supporter" as: (1) A law enforcement officer, firefighter, emergency medical services personnel, or civilian employee of a law enforcement agency or fire department who has received CISM training from a recognized training agency to provide emotional and moral support and counseling to a law enforcement officer, firefighter, or emergency medical services personnel in need of those services as a result of an incident occurring in the law enforcement officer, firefighter, or emergency medical service's personnel's official duties; or (2) A non-employee counselor who has received CISM training from a recognized training agency and has been designated by the sheriff, police chief, fire chief, director of emergency medical services, colonel of the Tennessee highway patrol, or director of the Tennessee bureau of investigation to provide emotional and moral support and counseling to a law enforcement officer, firefighter, or emergency medical services personnel in need of those services as a result of an incident occurring in the law enforcement officer, firefighter, or emergency medical service's personnel's official duties. ON APRIL 7, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 163, AS AMENDED. AMENDMENT #1 rewrites this bill and redefines "crisis intervention" and "crisis response services" for purposes of the privileged communications described above in the bill summary. Present law defines "crisis response services” as a session at which crisis response services are rendered by a critical incident stress management team member or leader during or after a crisis or disaster. This bill redefines the term to include such sessions rendered prior to a crisis or disaster. Similarly, present law defines "crisis response services" as consultation, risk assessment, referral and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster. This amendment redefines the term to include prevention interventions.

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Overview

This bill adds communications with a peer supporter occurring during a critical incident stress management intervention to those communications that are considered confidential and for which a person cannot be called to testify or otherwise divulge. Under present law, all communications between a team member or a team leader providing, and a group participant or person participating in, a crisis intervention are considered confidential and no such person is required to disclose any such communication unless otherwise required by law or rule of court. This bill adds that all communication between a peer supporter providing, and a law enforcement officer, firefighter, or emergency medical services personnel participating in, critical incident stress management (CISM) intervention at any phase is confidential and no person may be required to disclose the communication unless otherwise required by law or rule of court. Under present law, with certain exceptions, a person whether a team member, team leader or group participant, providing or participating in a crisis intervention cannot be required to testify or divulge any information obtained solely through such crisis intervention. This bill adds that a peer supporter cannot be required to testify or divulge any information obtained solely through CISM intervention if: (1) The peer supporter was designated as a peer supporter by the sheriff, police chief, fire chief, director of emergency medical services, colonel of the Tennessee highway patrol, or director of the Tennessee bureau of investigation prior to the incident resulting in CISM intervention; and (2) The peer supporter was acting in the capacity of a peer supporter at the time of the communication. This bill specifies that the above provision will not apply if the peer supporter was involved in conducting an investigation into the incident discussed; an initial responding law enforcement officer, firefighter, or emergency medical services personnel; a witness; or a party to the incident that prompted the CISM intervention services. This bill defines "peer supporter" as: (1) A law enforcement officer, firefighter, emergency medical services personnel, or civilian employee of a law enforcement agency or fire department who has received CISM training from a recognized training agency to provide emotional and moral support and counseling to a law enforcement officer, firefighter, or emergency medical services personnel in need of those services as a result of an incident occurring in the law enforcement officer, firefighter, or emergency medical service's personnel's official duties; or (2) A non-employee counselor who has received CISM training from a recognized training agency and has been designated by the sheriff, police chief, fire chief, director of emergency medical services, colonel of the Tennessee highway patrol, or director of the Tennessee bureau of investigation to provide emotional and moral support and counseling to a law enforcement officer, firefighter, or emergency medical services personnel in need of those services as a result of an incident occurring in the law enforcement officer, firefighter, or emergency medical service's personnel's official duties. ON APRIL 7, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 163, AS AMENDED. AMENDMENT #1 rewrites this bill and redefines "crisis intervention" and "crisis response services" for purposes of the privileged communications described above in the bill summary. Present law defines "crisis response services” as a session at which crisis response services are rendered by a critical incident stress management team member or leader during or after a crisis or disaster. This bill redefines the term to include such sessions rendered prior to a crisis or disaster. Similarly, present law defines "crisis response services" as consultation, risk assessment, referral and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster. This amendment redefines the term to include prevention interventions.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 14, 2021

Subjects
167012100800271517903790

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