2020 -- S 2566

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT – PUBLIC SAFETY AND PEER

SUPPORT MEMBERS

     Introduced By: Senators Archambault, McCaffrey, and Coyne

     Date Introduced: February 25, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 28.10

PUBLIC SAFETY AND PEER SUPPORT MEMBERS

     42-28.10-1. Definitions.

     As used in this chapter the following terms have the following meanings:

     (1) “Crisis intervention” means immediate short-term psychological care provided by a

certified emergency service provider providing critical incident stress management to an

emergency service provider after responding to a critical incident.

     (2) “Crisis intervention services” means consultation, counseling, debriefing, defusing,

intervention services, prevention or referral.

     (3) “Critical incident” means an event resulting in psychological stress or trauma to an

emergency service provider as a result of their response to the incident.

     (4) “Critical incident stress management” means a program designed to assist an

emergency service provider in coping with the psychological stress or trauma resulting from a

critical incident, consistent with training standards established by the International Critical Incident

Stress Foundation.

     (5) “Emergency service provider” means any active or retired peace officer, as defined in

§ 12-7-21 and any firefighter, or emergency medical personnel employed or licensed in Rhode

Island.

     42-28.10-2. Emergency service provider certification.

     An emergency service provider who provides crisis intervention services to other

emergency service providers pursuant to this section shall:

     (i) Be certified by the International Critical Incident Stress Foundation, Inc.;

     (ii) Provide documentation of such certification to their employer; and

     (iii) Annually provide their employer with proof of the certification.

     An entity employing a certified emergency service provider shall maintain the

documentation provided by the employee required by this section during the course of their

employment. The certification and any other documentation shall be made available and provided

to the department of health upon request.

     42-28.10-3. Crisis intervention services privileged.

     (a) Information provided by an emergency service provider to a certified emergency

service provider or any other licensed mental health professional as part of crisis intervention

services, shall be confidential and the certified emergency service provider or licensed mental

health professional shall not be required or compelled to testify or otherwise disclose to any third

party, any information received as part of the crisis intervention services, except as provided by

subsection (b) of this section.

     (b) Exceptions. – The testimonial privilege established herein shall not apply if any of the

following apply:

     (1)  The certified emergency service provider or licensed mental health professional has

reasonable cause to believe that the emergency service provider being counseled is in need of

treatment in a hospital for mental or emotional illness or that there is an imminent threat of harm

to the emergency service provider being counseled or any other third party.

     (2) The certified emergency service provider or licensed mental health professional has

reasonable cause to believe that the emergency service provider being counseled has engaged in

conduct required to be reported pursuant to chapter 11 of title 40.

     (3) The certified emergency service provider or licensed mental health professional

providing crisis intervention services has reasonable cause to believe that the emergency service

provider being counseled has engaged in conduct in violation of any federal or state law.

     (4) The certified emergency service provider or licensed mental health professional

providing crisis intervention services has reasonable cause to believe that the emergency service

provider being counseled has admitted to criminal conduct. 

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     (5) The certified emergency service provider or licensed mental health professional

providing crisis intervention services has reasonable cause to believe that the emergency service

provider being counseled has admitted to conduct that constitutes a violation of the laws that are

normally enforced by the entity for which the emergency service provider receiving the crisis

intervention services is employed.

     (6)  The certified emergency service provider or licensed mental health professional

providing crisis intervention services was an initial emergency service responder, a witness, or a

party to the critical incident that prompted an emergency service provider to engage in crises

intervention services.

     (7)  The emergency service provider receiving the crisis intervention services waives

confidentiality and gives express consent for the certified emergency service provider or licensed

mental health professional to testify or the emergency service provider being counseled otherwise

discloses the information related to such services to any third-party.

     42-28.10-4. Penalties.

     If an entity employing a certified emergency service provider determines that an employee

has violated the confidentiality of the person being counseled, the entity shall promptly notify, in

writing, the International Critical Incident Stress Foundation, Inc. of the violation. An employee

that violates this section shall be considered decertified and shall not be eligible to provide crisis

intervention services as a certified emergency service provider for a period of five (5) years.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT – PUBLIC SAFETY AND PEER

SUPPORT MEMBERS

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     This act would require emergency service providers who provide counseling to other

emergency service providers to be certified by the International Critical Incident Stress Foundation,

Inc. and would require the counselors to hold in confidence and keep privileged the information

they receive from the person being counseled, with several exceptions.

     This act would take effect upon passage.

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