Minnesota Legislature
SF 65
as introduced - 91st Legislature, 2020 2nd Special Session (2020 - 2020) Posted on 07/21/2020 07:54am
Current Version - as introduced
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A bill for an act
relating to public safety; providing for formal public safety peer counseling;
establishing critical incident stress management services; classifying data; amending
Minnesota Statutes 2018, section 13.43, subdivision 9, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 181; repealing
Minnesota Statutes 2018, section 181.973.
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 counseling deleted text begin debriefingdeleted text end data.
(a) Data acquired by a peer deleted text begin group member
in adeleted text end new text begin support counselor when providingnew text end public safety peer counseling deleted text begin debriefing is private
data on the person being debriefeddeleted text end new text begin are governed by section 181.9731new text end .
(b) For purposes of this subdivisiondeleted text begin , "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 new text begin :
new text end
new text begin
(1) "peer support counselor" has the meaning given in section 181.9731, subdivision 1,
paragraph (c); and
new text end
new text begin
(2) "public safety peer counseling" has the meaning given in section 181.9731, subdivision
1, paragraph (d).
new text end
Sec. 2.
Minnesota Statutes 2018, section 13.43, is amended by adding a subdivision to
read:
new text begin Subd. 9a. new text end
new text begin Critical incident stress management data. new text end
new text begin
(a) Data acquired by a critical
incident stress management team member when providing critical incident stress management
services are governed by section 181.9732.
new text end
new text begin
(b) For purposes of this subdivision:
new text end
new text begin
(1) "critical incident stress management services" has the meaning given in section
181.9732, subdivision 1, paragraph (c); and
new text end
new text begin
(2) "critical incident stress management team member" has the meaning given in section
181.9732, subdivision 1, paragraph (e).
new text end
Sec. 3.
new text begin
[181.9731] PUBLIC SAFETY PEER COUNSELING.
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) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, a person who provides emergency medical services
for a Minnesota licensed ambulance service, forensic science professional, or other person
involved with public safety emergency services, either paid or volunteer.
new text end
new text begin
(c) "Peer support counselor" means an individual who is:
new text end
new text begin
(1) specially trained to provide public safety peer counseling services in accordance
with standards that are both (i) established by an accredited mental health organization or
network, and (ii) recognized by the commissioner of public safety; and
new text end
new text begin
(2) designated by the emergency service provider's agency to provide such services.
new text end
new text begin
(d) "Public safety peer counseling" means one or more sessions, led by a peer support
counselor, designed to help an emergency service provider who experienced an
occupation-related trauma, illness, or stress develop skills and strategies to better understand,
cope with, and process emotions and memories tied to the trauma, illness, or stress. Public
safety peer counseling includes group sessions led by a peer support counselor, one-to-one
contact with a peer support counselor, and meetings with a peer support counselor to obtain
referrals to appropriate mental health or community support services.
new text end
new text begin Subd. 2. new text end
new text begin Peer support counselor; prohibition on being witness or party. new text end
new text begin
A peer
support counselor may not provide public safety peer counseling to an emergency service
provider if the emergency service provider is seeking public safety peer counseling to address
a critical incident, as defined in section 181.9732, subdivision 1, paragraph (b), to which
the peer support counselor is a witness. A peer support counselor may refer the person to
another peer support counselor or other appropriate mental health or community support
service.
new text end
new text begin Subd. 3. new text end
new text begin Disclosure prohibited. new text end
new text begin
(a) Except as provided in subdivision 4, a peer support
counselor or any person who receives public safety peer counseling shall not be required
to disclose information to a third party that was obtained solely through the provision or
receipt of public safety peer counseling.
new text end
new text begin
(b) Government data on individuals receiving peer counseling are classified as private
data on individuals, as defined by section 13.02, subdivision 12, but may be disclosed as
provided in subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Exceptions. new text end
new text begin
The prohibition established under subdivision 3 does not apply if
any of the following are true:
new text end
new text begin
(1) the peer support counselor reasonably believes the disclosure is necessary to prevent
harm to self by the person in receipt of public safety peer counseling or to prevent the person
from harming another person, provided the disclosure is only for the purpose of preventing
the person from harming self or others and limited to information necessary to prevent such
harm;
new text end
new text begin
(2) the person receiving public safety peer counseling discloses information that is
required to be reported under the mandated reporting laws, including, but not limited to,
the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
for the purpose of reporting maltreatment and limited to information necessary to make
such a report;
new text end
new text begin
(3) the person who received public safety peer counseling provides written consent
authorizing disclosure of the information;
new text end
new text begin
(4) the emergency service provider who received public safety peer counseling is deceased
and the surviving spouse or administrator of the estate of the deceased emergency service
provider gives written consent authorizing disclosure of the information; or
new text end
new text begin
(5) the emergency service provider who received public safety peer counseling voluntarily
testifies, in which case the peer support counselor may be compelled to testify on the same
subject.
new text end
Sec. 4.
new text begin
[181.9732] 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) "Critical incident" means an event that results in acute or cumulative psychological
stress or trauma to an emergency service provider. Critical incident includes, but is not
limited to, any encounter which may result in the death of or serious injury to another person
such as fatal motor vehicle accidents, child abuse investigations, death investigations, and
large scale man-made or natural disasters.
new text end
new text begin
(c) "Critical incident stress management services" means consultation, risk assessment,
education, intervention, and other crisis intervention services provided by a critical incident
stress management team or critical incident stress management team member to an emergency
service provider affected by a critical incident.
new text end
new text begin
(d) "Critical incident stress management team" means a group organized to provide
critical incident stress management to emergency service providers and consists of critical
incident stress management team members. A critical incident stress management team may
include members from any emergency service discipline, mental health professionals, and
designated emergency service chaplains.
new text end
new text begin
(e) "Critical incident stress management team member" means an individual who:
new text end
new text begin
(1) is trained to provide critical incident stress management services in accordance with
standards that are both (i) established by a nationally recognized critical incident stress
management organization or network, and (ii) recognized by the commissioner of public
safety;
new text end
new text begin
(2) was approved to function as a critical incident stress management team member prior
to the time critical incident stress management services are provided; and
new text end
new text begin
(3) is approved to function as a critical incident stress management team member at the
time the critical incident stress management services are provided.
new text end
new text begin
(f) "Emergency service provider" includes a peace officer, correctional officer, probation
officer, supervision agent, firefighter, rescue squad member, dispatcher, hospital or
emergency medical clinic personnel, a person who provides emergency medical services
for a Minnesota licensed ambulance service, forensic science professional, or other person
involved with public safety emergency services, either paid or volunteer.
new text end
new text begin Subd. 2. new text end
new text begin Team members; prohibition on being witness or party. new text end
new text begin
A person who
otherwise qualifies as a critical incident stress management team member may not be part
of a critical incident stress management team providing services to an emergency service
provider if the critical incident stress management team member is a witness to the critical
incident for which the person is receiving services.
new text end
new text begin Subd. 3. new text end
new text begin Disclosure prohibited. new text end
new text begin
(a) Except as provided in subdivision 4, a critical
incident stress management team member or any person who receives critical incident stress
management services shall not be required to disclose information to a third party that was
obtained solely through the provision or receipt of critical incident stress management
services.
new text end
new text begin
(b) Government data on individuals receiving critical incident stress management services
are classified as private data on individuals, as defined by section 13.02, subdivision 12,
but may be disclosed as provided in subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Exceptions. new text end
new text begin
The prohibition established under subdivision 3 does not apply if
any of the following are true:
new text end
new text begin
(1) the critical incident stress management team member reasonably believes the
disclosure is necessary to prevent harm to self by the person in receipt of critical incident
stress management services or to prevent the person from harming another person, provided
the disclosure is only for the purpose of preventing the person from harming self or others
and limited to information necessary to prevent such harm;
new text end
new text begin
(2) the person receiving critical incident stress management services discloses information
that is required to be reported under the mandated reporting laws, including, but not limited
to, the reporting of maltreatment of minors under section 626.556 and the reporting of
maltreatment of vulnerable adults under section 626.557, provided the disclosure is only
for the purpose of reporting maltreatment and limited to information necessary to make
such a report;
new text end
new text begin
(3) the person who received critical incident stress management services provides written
consent authorizing disclosure of the information;
new text end
new text begin
(4) the emergency service provider who received critical incident stress management
services is deceased and the surviving spouse or administrator of the estate of the deceased
emergency service provider gives written consent authorizing disclosure of the information;
or
new text end
new text begin
(5) the emergency service provider who received critical incident stress management
services voluntarily testifies, in which case the critical incident stress management team
member may be compelled to testify on the same subject.
new text end
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2018, section 181.973,
new text end
new text begin
is repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 20-9015
181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.
A person engaged in a public safety peer counseling or a public safety peer debriefing shall not, without the permission of the person being debriefed or counseled, be allowed to disclose any information or opinion which the peer group member or peer counselor has acquired during the process. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person 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 personnel or occupational licensing matter involving the person being debriefed or counseled.
For purposes of this section, "public safety peer counseling or debriefing" means a group process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace officers, firefighters, medical emergency persons, dispatchers, 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 begin the process of healing and effectively dealing with the person's problems or the use of the peer counselor for direction with referrals to better service these occupation-related issues. A "peer counselor" means someone so designated by that agency.