Bill Text: NJ S2840 | 2012-2013 | Regular Session | Introduced
Bill Title: Affords emergency services peer counselors confidentiality privileges.*
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-13 - Substituted by A1110 (1R) [S2840 Detail]
Download: New_Jersey-2012-S2840-Introduced.html
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Provides confidentiality for emergency services peer counselors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning confidentiality for peer counseling of emergency services personnel and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Emergency services personnel" means a person employed as a law enforcement officer, emergency medical service technician, firefighter, or emergency communications operator or in some related occupation or profession, or serving as a volunteer member of a fire department, duly incorporated fire or first aid company, volunteer emergency, ambulance or rescue squad association or organization which provides emergency services for a local governmental unit.
"Emergency services provider" means a local law enforcement agency, emergency medical services unit, fire department or force, emergency communications provider, volunteer fire department, duly incorporated fire or first aid company, volunteer emergency, ambulance or rescue squad association or organization or company which provides emergency services.
"Emergency assistance program" means a program established by an emergency services provider to provide peer counseling, debriefing and support services to employees and volunteers who, while providing emergency services, have been involved in incidents which may produce personal or job-related depression, anxiety, stress or other psychological or emotional tensions, traumas, pressures or disorders. Such incidents may include, but are not limited to: an event involving the firing of a weapon, significant or serious bodily injury, or death; a terroristic act; or a hostage situation.
"Peer counselor" means any member of an emergency services provider, or any private citizen designated by the emergency services provider, who is directed by the emergency services provider to provide post-traumatic counseling, debriefing and support services for emergency services personnel of the emergency services provider.
2. Except as otherwise provided in section 3 of this act:
a. All information exchanged between a peer counselor and any emergency services personnel participating in an emergency assistance program shall be deemed confidential and shall not be disclosed to any other person; and
b. A peer counselor shall be privileged against examination as a witness in any civil or criminal proceeding, or in any administrative or arbitration proceeding, with regard to the exchange of information that occurred in an emergency assistance program.
3. Nothing in this act shall be deemed to prohibit: an exchange of information concerning any threat or suggestion of suicide or physical harm; an exchange of information relating to child abuse or elder abuse; an exchange of information relating to the commission of a crime; or a professional exchange of information between peer counselors, counseling supervisors and appropriately licensed or certified psychologists, social workers or mental health professionals designated by, or contracted by, the emergency services provider for the exclusive purpose of providing for the care and treatment of any emergency services personnel who have been involved in incidents which produced personal or job-related depression, anxiety, stress or other psychological or emotional tensions, traumas, pressures or disorders.
4. This act shall take effect immediately.
STATEMENT
This bill provides confidentiality for information exchanged between a peer counselor and any emergency services personnel participating in an emergency assistance program. Under the bill, the exchanged information is deemed confidential and is not to be disclosed.
Currently, some emergency services providers provide peer counseling, debriefing and support services for their members who experience incidents which may produce depression, anxiety, stress or other psychological or emotional tensions, traumas, pressures or disorders. Those triggering incidents include events involving the firing of a weapon; significant or serious bodily injury; death; a terroristic act; a hostage situation; or personal injury. The principal role of the peer counselors is to talk with the affected emergency services personnel about the incident. The peer counselors are not mental health professionals and do not treat those they are counseling. The most serious cases are referred to licensed and certified mental health professionals.
