HF 4269

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 11:22am

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 COUNSELING AND DEBRIEFING SUPPORT
ACTIVITY.

(a) A person engaged participating in a public safety peer counseling or a public safety
peer debriefing support activity shall not, without the permission of the person being
debriefed or counseled, be allowed to supported disclose any information or opinion which
that the peer group member or peer counselor participant has acquired during the peer
support activity process. However, This paragraph does not prohibit a peer counselor support
provider from disclosing information the peer counselor provider reasonably believes
indicates that the person being supported 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
criminal, civil, personnel, or occupational licensing matter involving the person being
debriefed or counseled 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.

(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.

(c) For purposes of this section, "public safety peer counseling or debriefing support
activity" means a group process oriented debriefing session, or one-to-one contact with a
trained peer counselor, held for peace officers, correctional officers, firefighters, medical
rescue squad members, emergency persons medical services providers, dispatchers, hospital
or emergency medical clinic personnel, 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 response begin the process of healing and effectively dealing with recovery
from the person's problems reactions or the use of the peer counselor support program for
direction with referrals to better service these occupation-related issues. A "peer counselor"
means someone so designated by that agency.

Sec. 2.

[181.9731] CRITICAL INCIDENT STRESS MANAGEMENT.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(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.

(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.

(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.

(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.

(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 peers members from any emergency service discipline,
mental health professionals, and designated emergency service chaplains.

Subd. 2.

Disclosure prohibited; exception.

(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.

(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.

Subd. 3.

Inadmissibility.

Any statement made during the provision or receipt of critical
incident stress management is not admissible in an administrative, civil, or criminal
proceeding.