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SF 5

1st Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/17/2020 10:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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;
classifying certain data; amending Minnesota Statutes 2018, sections 13.43,
subdivision 9; 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 13.43, subdivision 9, is amended to read:


Subd. 9.

Peer deleted text begincounseling debriefingdeleted text endnew text begin support and public safety stress management new text end
data.

deleted text begin(a)deleted text end new text beginGovernment new text enddata acquired by a peer deleted text begingroup member in a public safety peer
counseling debriefing
deleted text endnew text begin support provider on an individual being supported by a public safety
support activity under section 181.973 or by a critical incident stress management team or
member on an individual receiving critical incident stress management services under section
181.9731
new text end is private data deleted text beginon the person being debriefeddeleted text end.

deleted text begin (b) For purposes of this subdivision, "public safety peer counseling debriefing" means
a group process oriented debriefing session held for peace officers, firefighters, medical
emergency persons, dispatchers, or other persons involved with public safety emergency
services, that is established by any government entity providing public safety emergency
services and is designed to help a person who has suffered an occupation-related traumatic
event begin the process of healing and effectively dealing with posttraumatic stress.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 181.973, is amended to read:


181.973 PUBLIC SAFETY PEER deleted text beginCOUNSELING AND DEBRIEFINGdeleted text endnew text begin SUPPORT
ACTIVITY
new text end.

new text begin (a) new text endA person deleted text beginengageddeleted text endnew text begin participatingnew text end in deleted text beginadeleted text end public safety peer deleted text begincounseling or a public safety
peer debriefing
deleted text endnew 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 endnew text begin supportednew text end disclose any information or opinion deleted text beginwhichdeleted text endnew text begin
that
new text end the deleted text beginpeer group member or peer counselordeleted text endnew text begin participantnew text end has acquired during the new text beginpeer
support activity
new text endprocess. deleted text beginHowever,deleted text end This new text beginparagraph new text enddoes not prohibit a peer deleted text begincounselordeleted text endnew text begin support
provider
new text end from disclosing information the deleted text beginpeer counselordeleted text endnew text begin providernew text end reasonably believes
indicates that the person new text beginbeing supported new text endmay 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 endpersonnelnew text begin,new text end or occupational licensing matter involving the person being
deleted text begin debriefed or counseled.deleted text endnew 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 endFor purposes of this section, "public safety peer deleted text begincounseling or debriefingdeleted text endnew text begin support
activity
new text end" means a group process oriented debriefing session, or one-to-one contact with a
new text begin trained new text endpeer counselor, held for peace officers, new text begincorrectional officers, new text endfirefighters, deleted text beginmedicaldeleted text endnew text begin
rescue squad members,
new text end emergency deleted text beginpersonsdeleted text endnew text begin medical services providersnew text end, dispatchers, new text beginhospital
or emergency medical clinic personnel,
new text endor 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 beginresponse new text endbegin the process of healing and deleted text begineffectively dealing withdeleted text endnew text begin recovery
from
new text end the person's deleted text beginproblemsdeleted text endnew text begin reactionsnew text end or the use of the peer deleted text begincounselordeleted text endnew text begin support programnew text end for
direction with referrals to better service these occupation-related issues. deleted text beginA "peer counselor"
means someone so designated by that agency.
deleted text end

Sec. 3.

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, without the consent of the
individual receiving services, disclose any information obtained solely through the provision
of or receipt of such services.
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