The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8440

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              July 8, 2019
                               ___________

Introduced  by M. of A. BURKE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the civil practice law and rules, in relation to provid-
  ing   a   testimonial   privilege   to   critical   incident    stress
  management/crisis response/peer support team members concerning commu-
  nications  made  during  critical  incident  stress  management/crisis
  response services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
section 4508-a to read as follows:
  §  4508-A.  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE/PEER
SUPPORT TEAM MEMBER. (A)  DEFINITIONS.  AS  USED  IN  THIS  SECTION  THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "EMERGENCY  SERVICES  PROVIDER"  MEANS  ANY  INDIVIDUAL WORKING OR
VOLUNTEERING IN THE FOLLOWING SERVICE CAPACITIES; LAW ENFORCEMENT, FIRE-
FIGHTING, EMERGENCY MEDICAL SERVICES, COMMUNICATIONS/DISPATCH  SERVICES,
PUBLIC SAFETY, DISASTER/EMERGENCY MANAGERS AND DISASTER RESPONDERS.
  2.  "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE SERVICES/PEER
SUPPORT" MEANS CONTACT WITH A TRAINED MEMBER OF AN  ORGANIZED  EMERGENCY
RESPONSE  TEAM  WHO  PROVIDES  INTERVENTION, SUPPORT, CONSULTATION, RISK
ASSESSMENT, REFERRAL AND FOLLOW-UP SERVICES.
  3. "A TRAINED MEMBER" MEANS AN  INDIVIDUAL  WHO  RECEIVED  SPECIALIZED
TRAINING  IN  CRITICAL  INCIDENT  STRESS MANAGEMENT/CRISIS RESPONSE/PEER
SUPPORT AND OFFERS SERVICES AS PART OF AN ORGANIZED  EMERGENCY  RESPONSE
TEAM.
  4.  "CRITICAL INCIDENT STRESS MANAGEMENT/CRISIS RESPONSE/PEER SUPPORT"
MEANS  A  COMPREHENSIVE,  INTEGRATED,  STRATEGIC   AND   MULTI-COMPONENT
APPROACH  TO  MANAGE CRITICAL INCIDENT STRESS DURING AND FOLLOWING INCI-
DENTS AND/OR FOR ANY ISSUE THAT MAY IMPACT WORK AND FAMILY  LIFE.  CRIT-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10799-01-9

A. 8440                             2

ICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS RESPONSE/PEER SUPPORT SERVICES
MAY INCLUDE:
  (A) PRE-INCIDENT EDUCATION AND PREPARATION;
  (B) ASSESSMENT;
  (C) CRISIS INTERVENTION;
  (D) STRATEGIC PLANNING;
  (E) LARGE GROUP INTERVENTIONS;
  (F) SMALL GROUP INTERVENTIONS;
  (G) ONE-ON-ONE ASSISTANCE;
  (H) FAMILY CRITICAL INCIDENT STRESS MANAGEMENT;
  (I) ORGANIZATIONAL, COMMUNITY INTERVENTION, AND CONSULTATION;
  (J) PASTORAL CRISIS INTERVENTION; AND
  (K) FOLLOW-UP AND REFERRAL.
  (B) CONFIDENTIAL INFORMATION PRIVILEGED. A TRAINED MEMBER WHO RECEIVED
SPECIALIZED  TRAINING  IN  CRITICAL  INCIDENT  STRESS  MANAGEMENT/CRISIS
RESPONSE/PEER SUPPORT AS A MEMBER OF  AN  ORGANIZED  EMERGENCY  RESPONSE
TEAM  SHALL  NOT  BE REQUIRED TO DISCLOSE ORAL OR WRITTEN COMMUNICATION,
NOTES, RECORDS OR REPORTS MADE BY AN  INDIVIDUAL  WHILE  RECEIVING  SUCH
SERVICES  OR  BE  REQUIRED  TO  DISCLOSE HIS/HER COMMUNICATIONS WITH THE
INDIVIDUAL  IN  NEED  OF  CRITICAL  INCIDENT  STRESS   MANAGEMENT/CRISIS
RESPONSE/PEER SUPPORT SERVICES EXCEPT:
  1.   WHERE  THE  INDIVIDUAL  WHO  RECEIVED  CRITICAL  INCIDENT  STRESS
MANAGEMENT/CRISIS RESPONSE SERVICES/PEER SUPPORT GIVES  EXPRESS  CONSENT
TO THE TESTIMONY;
  2. THE COMMUNICATION REVEALS THE CONTEMPLATION OF A CRIME OR ADMISSION
OF CRIMINAL CONDUCT;
  3. THE INDIVIDUAL REPRESENTS HARM TO SELF OR OTHERS; OR
  4.  THE INDIVIDUAL IS SUSPECTED OF CHILD ABUSE OR IS AT RISK FOR CHILD
ABUSE.
  § 2. This act shall take effect immediately.