Bill Text: PA SB1025 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for confidential communications to peer support members and for confidential communications to critical incident stress management team member.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-07-10 - Referred to JUDICIARY [SB1025 Detail]

Download: Pennsylvania-2009-SB1025-Introduced.html

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PRINTER'S NO. 1295
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1025 Session of2009
INTRODUCED BY TARTAGLIONE, RAFFERTY, HUGHES, LOGAN, BAKER, ERICKSON, MUSTO, FONTANA, ARGALL, BOSCOLA, KITCHEN, BROWNE, PIPPY, WASHINGTON, FARNESE AND BRUBAKER, JULY 10, 2009
REFERRED TO JUDICIARY, JULY 10, 2009
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for
confidential communications to peer support members and for
confidential communications to critical incident stress
management team member.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 5945.3. Confidential communications to peer support members.
(a) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Confidential communication." All information, oral or
written, transmitted between a public employee and a peer
support member or critical incident stress management team
member in the course of their relationship, including, but not
limited to, any advice, reports, statistical data, memoranda,
working papers, records or the like, given or made during that
relationship.
"Peer support member." A public employee who is assigned by
a public employer and who receives a minimum of 24 hours of
basic training in peer services, including listening, assessment
and referral skills and basic critical incident stress
management. Peer support members shall receive eight hours of
continuing training each year and may be supervised by licensed
psychologists.
"Public employee" or "employee." An individual employed by a
public employer.
"Public employer." The Commonwealth of Pennsylvania, its
political subdivisions, including school districts and any
officer, board, commission, agency, authority or other
instrumentality thereof, and any nonprofit organization or
institution and any charitable, religious, scientific, literary,
recreational, health, educational or welfare institution
receiving grants or appropriations from Federal, State or local
governments, but not including employers covered or presently
subject to coverage under the National Labor Relations Act (49
Stat. 449, 29 U.S.C. § 151 et seq.).
(b) Privilege.--Except as provided under subsection (c), a
peer support member who, while in the course of his or her
duties, has acquired confidential information from a public
employee secretly and in confidence, shall not be compelled or
allowed without the consent of the public employee to disclose
that information in a legal proceeding, trial or investigation
before any government unit, nor examined relative to the
confidential information in any civil or criminal proceeding
without the written consent of the victim.
(c) Exceptions.--The privilege established under subsection
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(b) shall not apply if any of the following apply:
(1) The communications to the peer support member
indicate a clear and present danger to the employee or to
other persons.
(2) The employee who received peer support services
gives express consent to the disclosure or testimony.
(3) The employee who received peer support services is
deceased and the surviving spouse or the executor or
administrator of the estate of the deceased employee gives
express consent.
(4) The employee who received peer support services
voluntarily testifies, in which case the peer support member
may be compelled to testify on the same subject.
(5) The court in camera determines that the confidential
information communicated by the employee who received peer
support services is not germane to the relationship between
the employee and peer support member.
(6) The confidential communication or advice pertains or
is related to a serious crime.
§ 5945.4. Confidential communications to critical incident
stress management team member.
(a) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Crisis response services." Consultation, risk assessment,
referral and onsite crisis intervention services provided by a
critical incident stress management team to a public safety
responder who has experienced a critical incident in the course
and scope of their duties.
"Critical incident." A situation responded to by a public
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safety responder that involves either the death or serious
bodily injury of an individual or the imminent potential of
death or serious bodily injury, or any situation faced by safety
personnel in the course of their duties that causes them to
experience unusually strong negative emotional reactions that
have the potential to interfere with their ability to function
in a well adjusted, productive manner.
"Critical incident stress defusing and debriefing process." A
process involving defusings and debriefings that is based on
crisis intervention theory and educational intervention theory
rendered by a critical incident stress management team member
during or after a critical incident.
"Critical incident stress management team member." A person
specially trained to provide crisis response services to public
safety responders in a critical incident.
"Public safety responder." A person under the operational
control of the Commonwealth, a political subdivision of the
Commonwealth or a police, volunteer fire, emergency, paramedic
or ambulance service, who in the early stages of a critical
incident are responsible for the protection and preservation of
life, property, evidence and the environment, including
emergency response providers as defined in section 2 of the
Homeland Security Act of 2002 (Public Law 107-296, 116 Stat.
2135), and emergency management, public health, clinical care,
public works and other skilled support personnel who provide
immediate support services during prevention, response and
recovery operations.
(b) Confidential communications.--Except as provided under
subsection (c), a critical incident stress management team
member who, while in the course of his duties, has acquired
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information from any public safety responder secretly and in
confidence in connection with a critical incident during a
critical incident stress defusing and debriefing process, shall
not be compelled or allowed without the consent of the public
safety responder to disclose that information in an internal or
external investigation, legal proceeding or trial before any
government unit, agency or employer.
(c) Exceptions.--The privilege established under subsection
(b) shall not apply if any of the following apply:
(1) The communications to the critical incident stress
management team member indicate a clear and present danger to
the public safety responder who receives crisis response
services or to other persons.
(2) The public safety responder who received crisis
response services gives express consent to the testimony.
(3) The public safety responder who received crisis
response services is deceased and the surviving spouse or the
executor or administrator of the estate of the deceased
public safety responder gives express consent.
(4) The public safety responder who received crisis
response services voluntarily testifies, in which case the
critical incident stress management team member may be
compelled to testify on the same subject.
(5) The court in camera determines that the information
communicated by the public safety responder who received
crisis response services is not germane to the relationship
between the public safety responder and the critical incident
stress management team member.
(6) The communication or advice pertains or is related
to any criminal act.
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Section 2. This act shall take effect in 60 days.
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