Assembly Bill A10179

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10179
 
                           I N  A S S E M B L Y
 
                                May 5, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sillitti) --
   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-
 ICAL INCIDENT STRESS MANAGEMENT/CRISIS  RESPONSE/PEER  SUPPORT  SERVICES
 MAY INCLUDE:
   (A) PRE-INCIDENT EDUCATION AND PREPARATION;
   (B) ASSESSMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04291-01-1
 A. 10179                            2
 
   (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.