Bill Text: MI SB0444 | 2015-2016 | 98th 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 4-0)
Status: (Passed) 2016-03-16 - Assigned Pa 0040'16 With Immediate Effect [SB0444 Detail]
Download: Michigan-2015-SB0444-Introduced.html
SENATE BILL No. 444
July 15, 2015, Introduced by Senators STAMAS, SCHMIDT, JONES and ROBERTSON.
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, behavioral, or physical reaction that may
interfere with normal functioning, including, but not limited to, 1
or more of the following:
(i) Physical and emotional illness.
(ii) Failure of usual coping mechanisms.
(iii) Loss of interest in the job or normal life activities.
(iv) Personality changes.
(v) Loss of ability to function.
(vi) Psychological disruption of personal life, including his
or her relationship with a spouse, child, or friend.
(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 1 or more of the following:
(i) Precrisis education.
(ii) Critical incident stress defusings.
(iii) Critical incident stress debriefings.
(iv) On-scene support services.
(v) One-on-one support services.
(vi) Consultation.
(vii) 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, corrections officer, firefighter, emergency medical
services provider, dispatcher, emergency response communication
employee, or rescue service provider.
Sec. 20982. (1) Except as otherwise provided in this section,
a communication made by an emergency service provider to a CISM
team member while the emergency service 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 child or
elder abuse.
(d) The emergency service provider or the legal representative
of the emergency service provider expressly agrees that the
emergency service provider's communication is not confidential.
Sec. 20983. (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 performing 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 90 days after the
date this amendatory act is enacted into law.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
