BILL NUMBER: S1945

SPONSOR: AKSHAR
 
TITLE OF BILL:

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 communi-
cations made during critical incident stress management/crisis response
services

 
PURPOSE:

Provides testimonial privilege to critical incident stress
management/crisis response/peer support team members for communication
from an individual who receives such services.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the civil practice law and rulesòby adding a new
section 4508.
              

(a) Provides definitions for emergency service providers, critical inci-
dent stress management/crisis response/peer support and trained members.

(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 except:

(i) Where the individual who received Critical Incident Stress
Management/Crisis Response Services/Peer Support gives express consent
to the testimony

(ii) The communication reveals the contemplation of a crime or admission
of criminal conduct

(iii) The individual represents harm to self or others

(iv) The individual is suspected of child abuse or is at risk for child
abuse

Section 2: States the effective date

 
JUSTIFICATION:

Many states including Oregon, Kentucky and Ohio have passed legislation
which protects communications between individuals receiving Critical
Incident Stress Management/Crisis Response/Peer Support Services and
team members from disclosure.

Critical Incident Stress Management/Crisis Response/Peer Support is a
field dedicated to providing temporary but active and supportive help to
individuals or groups during a period of extreme stress. Critical Inci-
dent Stress Management/Crisis Response/Peer Support Services represents
a system of interventions designed to mitigate the adverse reactions
that often accompany emergency services, public safety and disaster
response functions.

The stress inherent in emergency response and disaster relief operations
has the potential to overwhelm an individual's coping mechanisms and
interfere with the individual's ability to function either at the scene
or later in their careers, and can disrupt interpersonal relationships.
The goal of providing these services is to stabilize, mitigate acute
distress, return to adaptive functioning, and refer for additional
assessment or follow-up care where appropriate. The content of these
services does not involve an evaluation or critique of the individual's
actions; rather, emphasis is placed on establishing trust and support.

Under Section 4507 of the New York CPLR, communications with psychol-
ogists are privileged. Likewise, under Section 4508, communications with
Social Workers are also privileged. The rationale for these privileges
is rooted in the essential need for confidence and trust. Since an
important element of the success of these services depends upon the
ability to communicate freely with team members, it is important that
team members be afforded the same testimonial privilege as other behav-
ioral health providers.

This bill establishes "testimonial privilege" for Critical Incident
Stress Management/Crisis Response/Peer Support team members. It adds
team members to the list of already privileged relationships under the
New York Civil Practice Law and Rules. The bill also includes exceptions
to that privilege including, the admission of criminal conduct, any
child abuse or risk of child abuse, or if there is a risk of harm to
themselves or others.

 
FISCAL IMPLICATIONS:

None.

 
LEGISLATIVE HISTORY:

2020 - S5868: Referred to Judiciary

2019 - S5868: Referred to Judiciary

 
EFFECTIVE DATE:
This act would take effect immediately.