Minnesota Legislature
SF 5
as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/17/2020 12:22am
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A bill for an act
relating to public safety; limiting admissibility of statements made during public
safety peer support activity and critical incident stress management services;
amending Minnesota Statutes 2018, section 181.973; proposing coding for new
law in Minnesota Statutes, chapter 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 181.973, is amended to read:
181.973 PUBLIC SAFETY PEER deleted text begin COUNSELING AND DEBRIEFINGdeleted text end new text begin SUPPORT
ACTIVITYnew text end .
new text begin (a) new text end A person deleted text begin engageddeleted text end new text begin participatingnew text end in deleted text begin adeleted text end public safety peer deleted text begin counseling or a public safety
peer debriefingdeleted text end new text begin support activitynew text end shall not, without the permission of the person being
deleted text begin debriefed or counseled, be allowed todeleted text end new text begin supportednew text end disclose any information or opinion deleted text begin whichdeleted text end new text begin
thatnew text end the deleted text begin peer group member or peer counselordeleted text end new text begin participantnew text end has acquired during the new text begin peer
support activity new text end process. deleted text begin However,deleted text end This new text begin paragraph new text end does not prohibit a peer deleted text begin counselordeleted text end new text begin support
providernew text end from disclosing information the deleted text begin peer counselordeleted text end new text begin providernew text end reasonably believes
indicates that the person new text begin being supported new text end may be a danger to self or others, if the information
is used only for the purpose of eliminating the danger to the person or others. Any information
or opinion disclosed in violation of this paragraph is not admissible as evidence in any
new text begin criminal, civil, new text end personnelnew text begin ,new text end or occupational licensing matter involving the person being
deleted text begin debriefed or counseled.deleted text end new text begin supported. For purposes of this paragraph, a "peer support provider"
means someone trained in peer-to-peer emotional and psychological support and coaching
techniques who is designated by a formal program within a public safety agency to provide
support services.
new text end
new text begin
(b) A statement made by a person being supported during public safety peer support
activity is not admissible in any criminal, civil, or administrative proceeding.
new text end
new text begin (c) new text end For purposes of this section, "public safety peer deleted text begin counseling or debriefingdeleted text end new text begin support
activitynew text end " means a group process oriented debriefing session, or one-to-one contact with a
new text begin trained new text end peer counselor, held for peace officers, new text begin correctional officers, new text end firefighters, deleted text begin medicaldeleted text end new text begin
rescue squad members,new text end emergency deleted text begin personsdeleted text end new text begin medical services providersnew text end , dispatchers, new text begin hospital
or emergency medical clinic personnel, new text end or other persons involved with public safety
emergency services, that is established by any agency providing public safety emergency
services and is designed to help a person who has suffered an occupation-related trauma,
illness, or stress new text begin response new text end begin the process of healing and deleted text begin effectively dealing withdeleted text end new text begin recovery
fromnew text end the person's deleted text begin problemsdeleted text end new text begin reactionsnew text end or the use of the peer deleted text begin counselordeleted text end new text begin support programnew text end for
direction with referrals to better service these occupation-related issues. deleted text begin A "peer counselor"
means someone so designated by that agency.
deleted text end
Sec. 2.
new text begin
[181.9731] CRITICAL INCIDENT STRESS MANAGEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Crisis intervention services" means consultation, one-on-one peer counseling,
coaching, debriefings, defusings, management, prevention, referral suicide and posttraumatic
stress prevention, or resilience education and training provided by a critical incident stress
management team member or participant. Crisis intervention services may include peer
support activity under section 181.973.
new text end
new text begin
(c) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider as a result of the provider's response to
the event.
new text end
new text begin
(d) "Critical incident stress management" means a set of crisis intervention services for
emergency service providers to assist in coping with the stress and potential psychological
trauma resulting from a response to emotionally difficult events.
new text end
new text begin
(e) "Emergency service provider" includes a peace officer, correctional officer, firefighter,
rescue squad member, dispatcher, hospital or emergency medical clinic personnel, or other
person involved with public safety emergency services, either paid or volunteer.
new text end
new text begin
(f) "Critical incident stress management team" means a group organized to provide
career-related stress management to emergency service providers. A critical incident stress
management team may include peer members from any emergency service discipline, mental
health professionals, and designated emergency service chaplains.
new text end
new text begin Subd. 2. new text end
new text begin Disclosure prohibited; exception. new text end
new text begin
(a) A critical incident stress management
team member, mental health provider, participant, or any other person involved in the
provision or receipt of crisis intervention services must not disclose any information obtained
solely through the provision of or receipt of such services to a third party.
new text end
new text begin
(b) A critical incident stress management team member or a mental health provider
involved in the provision or receipt of crisis intervention services may disclose information
if the member or provider reasonably believes the disclosure is necessary to prevent harm
to the person in receipt of services or to prevent harm to another person.
new text end
new text begin Subd. 3. new text end
new text begin Inadmissibility. new text end
new text begin
Any statement made during the provision or receipt of critical
incident stress management is not admissible in an administrative, civil, or criminal
proceeding.
new text end