Bill Text: NH SB166 | 2013 | Regular Session | Introduced
Bill Title: Relative to critical incident stress management and crisis intervention services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-06-06 - Signed by the Governor on 06/06/2013; Chapter 0074; Effective 06/06/2013 [SB166 Detail]
Download: New_Hampshire-2013-SB166-Introduced.html
SB 166 – AS INTRODUCED
2013 SESSION
03/09
SENATE BILL 166
AN ACT relative to critical incident stress management and crisis intervention services.
SPONSORS: Sen. D’Allesandro, Dist 20
This bill establishes that information divulged during critical incident stress management and crisis intervention services is confidential, with limited exceptions specified in the bill.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0416 03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to critical incident stress management and crisis intervention services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Emergency Medical and Trauma Services; Critical Incident Intervention and Management. Amend RSA 153-A by inserting after section 17 the following new section:
153-A:17-a Critical Incident Intervention and Management.
I. In this section:
(a) “Critical incident” means an event or events that result in acute or cumulative psychological stress or trauma to an emergency service provider as a result of response to the incident.
(b) “Emergency service provider” means any law enforcement officer, civilian law enforcement employee such as emergency dispatcher, sheriff or deputy sheriff, state police officer, firefighter, emergency medical personnel, and any civilian support position having direct contact with emergency services.
(c) “Critical incident stress” means an unusually strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning and that results from the response to a critical incident or long-term occupational exposure to a series of critical incident responses over a period of time that are believed to be causing debilitating stress that is affecting an emergency service provider and his or her work performance or family situation. This may include, but is not limited to, physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function.
(d) “Critical incident stress management” means a process of crisis intervention designed to assist emergency service providers in coping with the psychological trauma resulting from response to a critical incident.
(e) “Critical incident stress management and crisis intervention services” means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member or participant.
(f) “Critical incident stress management team” or “team” means the group of one or more trained volunteers or participants, including members of peer support groups organized by a unit of state, local, or county government who offer critical incident stress management and crisis intervention services following a critical incident or long term or continued, debilitating stress being experienced by emergency services providers and affecting them or their family situation.
(g) “Critical incident stress management team member” or “team member” means an individual specially trained to provide critical incident stress management and crisis intervention services as a member of an organized and registered team. Team members shall undergo and sustain certification standards of counseling set forth in guidelines established by the International Critical Incident Stress Foundation (ICISF) or a similar organization approved by the commissioner of the department of safety. The team shall be registered with ICISF and maintain training standards to date as required. Team members shall consist of but not be limited to law enforcement officers, firefighters, civilian employees of a law enforcement agency, or civilian employees of a fire department or medical services agency. All members sworn and civilian shall be designated by the police chief or sheriff, or commander of the state police, or fire chief, or director of emergency services.
II.(a) Any information divulged to the team or a team member during the provision of critical incident stress management and crisis intervention services shall be kept confidential and shall not be disclosed to a third party or in a criminal, civil, or administrative proceeding. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action. Except as provided in subparagraph (b), no person, whether critical incident stress management team member, team leader, or other participant providing or receiving critical incident stress management and crisis intervention services shall be required to testify or divulge any information obtained solely through such crisis intervention.
(b) A communication shall be exempt from the restrictions in subparagraph (a) if:
(1) The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons.
(2) The communication indicates the existence of past child abuse or neglect of the individual, abuse of an adult as defined by law, or family violence as defined by law.
(3) The communication indicates the existence of past or present acts constituting an intentional tort or crime, provided the applicable statute of limitation has not expired on the act indicated.
2 Effective Date. This act shall take effect January 1, 2014.
