Bill Text: NY S06709 | 2023-2024 | General Assembly | Amended

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Bill Title: Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege to critical incident stress management/crisis response/peer support team members concerning communications made during critical incident stress management/crisis response/peer support services.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-02-06 - PRINT NUMBER 6709A [S06709 Detail]

Download: New_York-2023-S06709-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6709--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 5, 2023
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary  --  recommitted
          to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the civil practice law and rules, in relation to provid-
          ing   a   testimonial   privilege   to   critical   incident    stress
          management/crisis response/peer support team members concerning commu-
          nications  made  during  critical  incident  stress  management/crisis
          response services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "Lieutenant Joseph Banish mental health act".
     3    § 2. The civil practice law and rules  is  amended  by  adding  a  new
     4  section 4508-a to read as follows:
     5    §  4508-a.  Critical  incident  stress management/crisis response/peer
     6  support team member. (a)  Definitions.  As  used  in  this  section  the
     7  following terms shall have the following meanings:
     8    1.  "Emergency  services  provider"  means  any  individual working or
     9  volunteering in the following service capacities; law enforcement, fire-
    10  fighting, emergency medical services, communications/dispatch  services,
    11  public safety, disaster/emergency managers and disaster responders.
    12    2.  "Critical incident stress management/crisis response services/peer
    13  support" means contact with a trained member of an  organized  emergency
    14  response  team  who  provides  intervention, support, consultation, risk
    15  assessment, referral and follow-up services.
    16    3. "A trained member" means an  individual  who  received  specialized
    17  training  in  critical  incident  stress management/crisis response/peer
    18  support and offers services as part of an organized  emergency  response
    19  team.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03381-06-4
        S. 6709--A                          2

     1    4.  "Critical incident stress management/crisis response/peer support"
     2  means  a  comprehensive,  integrated,  strategic   and   multi-component
     3  approach  to  manage critical incident stress during and following inci-
     4  dents and/or for any issue that may impact work and family  life.  Crit-
     5  ical  incident  stress  management/crisis response/peer support services
     6  may include:
     7    (A) Pre-incident education and preparation;
     8    (B) Assessment;
     9    (C) Crisis intervention;
    10    (D) Strategic planning;
    11    (E) Large group interventions;
    12    (F) Small group interventions;
    13    (G) One-on-one assistance;
    14    (H) Family critical incident stress management;
    15    (I) Organizational, community intervention, and consultation;
    16    (J) Pastoral crisis intervention; and
    17    (K) Follow-up and referral.
    18    (b) Confidential information privileged. A trained member who received
    19  specialized  training  in  critical  incident  stress  management/crisis
    20  response/peer  support  as  a  member of an organized emergency response
    21  team shall not be required to disclose oral  or  written  communication,
    22  notes,  records  or  reports  made by an individual while receiving such
    23  services or be required to  disclose  his/her  communications  with  the
    24  individual   in  need  of  critical  incident  stress  management/crisis
    25  response/peer support services except:
    26    1.  Where  the  individual  who  received  critical  incident   stress
    27  management/crisis  response  services/peer support gives express consent
    28  to the testimony;
    29    2. The communication reveals the contemplation of a crime or admission
    30  of criminal conduct;
    31    3. The individual represents harm to self or others; or
    32    4. The individual is suspected of child abuse or is at risk for  child
    33  abuse.
    34    (c)  Rules and regulations.  The division of criminal justice services
    35  shall promulgate rules and  regulations  necessary  to  effectuate  this
    36  section  and  shall  be  empowered  to  identify  minimum certifications
    37  required of trained members, approved training courses,  record  keeping
    38  requirements, and retraining requirements.
    39    § 3. This act shall take effect immediately.