Bill Text: NY A10301 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Provides for a testimonial privilege for critical incident stress management/crisis response team members concerning communications made during critical incident stress management/crisis response services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-22 - referred to judiciary [A10301 Detail]

Download: New_York-2011-A10301-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10301
                                 I N  A S S E M B L Y
                                     May 22, 2012
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Judiciary
       AN  ACT  to  amend  the  civil  practice law and rules, in relation to a
         testimonial privilege for critical incident  stress  management/crisis
         response  team  members concerning communications 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. The civil practice law and rules is amended by adding a new
    2  section 4508-a to read as follows:
    3    S  4508-A.  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE TEAM
    4  MEMBER. (A) DEFINITIONS. 1. "CRITICAL INCIDENT STRESS  MANAGEMENT/CRISIS
    5  RESPONSE  SERVICES"  MEANS CONTACT WITH A TRAINED MEMBER OF AN ORGANIZED
    6  RESPONSE TEAM WHO PROVIDES CONSULTATION, RISK ASSESSMENT, REFERRAL,  AND
    7  FOLLOW-UP SERVICES.
    8    2.  "A  TRAINED  MEMBER"  MEANS AN INDIVIDUAL WHO RECEIVED SPECIALIZED
    9  TRAINING IN CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS  RESPONSE  AND
   10  OFFERS SERVICES AS PART OF AN ORGANIZED RESPONSE TEAM.
   11    3.  "CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS  RESPONSE"  MEANS A
   12  COMPREHENSIVE, INTEGRATED, STRATEGIC, AND  MULTI-COMPONENT  APPROACH  TO
   13  MANAGE  CRITICAL  INCIDENT  STRESS DURING AND FOLLOWING INCIDENTS AND/OR
   14  FOR ANY ISSUE THAT MAY IMPACT WORK AND FAMILY  LIFE.  CRITICAL  INCIDENT
   15  STRESS MANAGEMENT/CRISIS RESPONSE SERVICES INCLUDE:
   16    A. PRE-INCIDENT EDUCATION AND PREPARATION.
   17    B. ASSESSMENT.
   18    C. CRISIS INTERVENTION.
   19    D. STRATEGIC PLANNING.
   20    E. LARGE GROUP INTERVENTIONS.
   21    F. SMALL GROUP INTERVENTIONS.
   22    G. ONE-ON-ONE ASSISTANCE.
   23    H. FAMILY CRITICAL INCIDENT STRESS MANAGEMENT.
   24    I. ORGANIZATIONAL, COMMUNITY INTERVENTION, AND CONSULTATION.
   25    J. PASTORAL CRISIS INTERVENTION.
   26    K. FOLLOW-UP AND REFERRAL.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15833-01-2
       A. 10301                            2
    1    (B) CONFIDENTIAL INFORMATION PRIVILEGED. A TRAINED MEMBER WHO RECEIVED
    2  SPECIALIZED  TRAINING  IN  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
    3  RESPONSE AS A MEMBER OF AN ORGANIZED RESPONSE TEAM SHALL NOT BE REQUIRED
    4  TO DISCLOSE COMMUNICATION MADE BY AN  INDIVIDUAL  WHILE  RECEIVING  SUCH
    5  SERVICES  OR  BE REQUIRED TO DISCLOSE HIS OR HER COMMUNICATIONS WITH THE
    6  INDIVIDUAL  IN  NEED  OF  CRITICAL  INCIDENT  STRESS   MANAGEMENT/CRISIS
    7  RESPONSE SERVICES; EXCEPT IF:
    8    1.    THE   INDIVIDUAL   WHO   RECEIVED   CRITICAL   INCIDENT   STRESS
    9  MANAGEMENT/CRISIS RESPONSE SERVICES GIVES EXPRESS CONSENT TO THE  TESTI-
   10  MONY.
   11    2.  THE  COMMUNICATION REVEALS THE CONTEMPLATION OF A CRIME OR HARMFUL
   12  ACT.
   13    3.   THE   INDIVIDUAL   WHO   RECEIVED   CRITICAL   INCIDENT    STRESS
   14  MANAGEMENT/CRISIS RESPONSE SERVICES IS DECEASED, THE SURVIVING SPOUSE OR
   15  THE  EXECUTOR  OR ADMINISTRATOR OF THE ESTATE OF THE DECEASED INDIVIDUAL
   16  GIVES EXPRESS CONSENT.
   17    4.   THE   INDIVIDUAL   WHO   RECEIVED   CRITICAL   INCIDENT    STRESS
   18  MANAGEMENT/CRISIS RESPONSE SERVICES VOLUNTARILY TESTIFIES, IN WHICH CASE
   19  THE TEAM MEMBER CAN BE COMPELLED TO TESTIFY ON THE SAME SUBJECT.
   20    5. THE COURT IN CAMERA DETERMINES THAT THE INFORMATION COMMUNICATED BY
   21  THE  INDIVIDUAL  WHO RECEIVED CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS
   22  RESPONSE SERVICES IS NOT GERMANE TO THE RELATIONSHIP BETWEEN  THE  INDI-
   23  VIDUAL AND THE TEAM MEMBER.
   24    S 2. This act shall take effect immediately.