Bill Text: MI SB0417 | 2013-2014 | 97th Legislature | Introduced

---

Bill Title: Health; emergency services; critical incident stress management services for emergency service providers; provide for, prohibit disclosure of confidential communications, and provide immunity from liability. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding pt. 209A.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-06 - Referred To Committee On Health Policy [SB0417 Detail]

Download: Michigan-2013-SB0417-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 417

 

 

June 6, 2013, Introduced by Senator MOOLENAAR and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding part 209A.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 209A

 

CRITICAL INCIDENT STRESS MANAGEMENT SERVICES

 

     Sec. 20981. As used in this part:

 

     (a) "Critical incident" means an actual or perceived event or

 

situation that involves crisis, disaster, trauma, or emergency.

 

     (b) "Critical incident stress" means the acute or cumulative

 

psychological stress or trauma that an emergency service provider

 

may experience in providing emergency services in response to a

 

critical incident. The stress or trauma is an unusually strong

 

emotional, cognitive, or physical reaction that may interfere with

 

normal functioning, including all of the following:

 

     (i) Physical and emotional illness.

 

     (ii) Failure of usual coping mechanisms.

 

     (iii) Loss of interest in the job.

 

     (iv) Personality changes.

 

     (v) Loss of ability to function.

 

     (vi) Psychological disruption of personal life, including his

 

or her relationship with a spouse, children, or friends.

 

     (c) "Critical incident stress management services" or "CISM

 

services" means services provided by a critical incident stress

 

management team or a critical incident stress management team

 

member to an emergency service provider affected by a critical

 

incident. Critical incident stress management services are designed

 

to assist an emergency service provider affected by a critical

 

incident to cope with critical incident stress or to mitigate

 

reactions to critical incident stress. Critical incident stress

 

management services include all of the following:

 

     (i) Precrisis education.

 

     (ii) Critical incident stress defusings.

 

     (iii) Critical incident stress debriefings.

 

     (iv) On-scene support services.

 

     (v) Consultation.

 

     (vi) Referral services.

 

     (d) "Critical incident stress management team" or "CISM team"

 

means an organized community or local crisis response team that is

 

a member of the Michigan crisis response association network.

 

     (e) "Critical incident stress management team member" or "CISM

 

team member" means an individual who is specially trained to

 

provide critical incident stress management services as a member of

 

a critical incident stress management team.

 

     (f) "Emergency service provider" means an individual who

 

provides emergency response services, including a law enforcement

 

officer, firefighter, emergency medical services provider,

 

dispatcher, or rescue service provider.

 

     Sec. 20982. (1) Except as otherwise provided in subsection (2)

 

and notwithstanding the open meetings act, 1976 PA 267, MCL 15.261

 

to 15.275, or any other law to the contrary, all of the following

 

apply to a meeting in which CISM services are provided to an

 

emergency service provider:

 

     (a) The meeting is closed to the general public.

 

     (b) The meeting may be closed to any individual who was not

 

directly involved in the critical incident.

 

     (2) Subsection (1) does not apply if either of the following

 

requirements are met:

 

     (a) The emergency service provider or the legal representative

 

of the emergency service provider expressly agrees that the meeting

 

may be open to the general public or to certain individuals.

 

     (b) The emergency service provider is deceased.

 

     Sec. 20983. (1) Except as otherwise provided in this section,

 

a communication made by an emergency service provider to a CISM

 

team member while the provider receives CISM services is

 

confidential and shall not be disclosed in a civil, criminal, or

 

administrative proceeding. A record kept by a CISM team member

 

relating to the provision of CISM services to an emergency service

 

provider by the CISM team or a CISM team member is confidential and

 

is not subject to subpoena, discovery, or introduction into

 

evidence in a civil, criminal, or administrative proceeding.

 

     (2) A communication or record described in subsection (1) is

 

not confidential if any of the following circumstances exist:

 

     (a) The CISM team member reasonably needs to make an

 

appropriate referral of the emergency service provider to or

 

consult about the emergency service provider with another member of

 

the CISM team or an appropriate professional associated with the

 

CISM team.

 

     (b) The communication conveys information that the emergency

 

service provider is or appears to be an imminent threat to himself

 

or herself, a CISM team member, or any other individual.

 

     (c) The communication conveys information relating to a past,

 

present, or future criminal act that does not directly relate to

 

the critical incident.

 

     (d) The emergency service provider or the legal representative

 

of the emergency service provider expressly agrees that the

 

communication or record is not confidential.

 

     (e) The emergency service provider is deceased.

 

     (3) A communication or record described in subsection (1) is

 

not confidential to the extent that it conveys information

 

concerning the services and care provided or withheld by the

 

emergency service provider to an individual injured in the critical

 

incident or during the critical incident.

 

     Sec. 20984. (1) Except as otherwise provided in subsection

 

(2), a CISM team or a CISM team member providing CISM services is

 

not liable for damages, including personal injury, wrongful death,

 

property damage, or other loss related to the CISM team's or CISM

 

team member's act, error, or omission in the performance of the

 

CISM services, unless the act, error, or omission constitutes

 

wanton, willful, or intentional misconduct.

 

     (2) Subsection (1) does not apply to an action for medical

 

malpractice.

 

     Enacting section 1. This amendatory act applies only to

 

critical incident stress management services provided in relation

 

to a critical incident that occurs on or after January 1, 2014.

 

     Enacting section 2. This amendatory act takes effect January

 

1, 2014.