Enacts the "Lieutenant Joseph Banish mental health act" to provide a testimonial privilege to critical incident stress management/crisis response/peer support team members concerning communications made during critical incident stress management/crisis response/peer support services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1310B
SPONSOR: Sillitti
 
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
 
SUMMARY OF PROVISIONS:
Section 1: Provides that this act shall be known and cited as the "Lieu-
tenant Joseph Banish mental health act"
Section 2: Amends the civil practice law and rules by adding a new
section 4508-a to extend the privilege of confidentiality to communi-
cations between emergency service personnel and their critical incident,
stress management, crisis response, or peer support team.
Subsection(a) provides definitions for emergency service providers,
critical incident stress management/crisis response/peer support and
trained members.
Subsection (b) provides that communications between emergency service
personnel and their critical incident support team are privileged, with
enumerated exceptions.
Subsection (c) provides DCJS with the power to promulgate rules and
regulations necessary to effectuate this section including any training
requirements, record keeping requirements, and retraining requirements.
Section 3: Provides the effective date
 
JUSTIFICATION:
Several states including Oregon, Kentucky and Ohio have passed legis-
lation protecting 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 supportive help
to individuals or groups during a period of extreme stress. Critical
Incident Stress Management/Crisis Response/Peer Support Services repres-
ents 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 career, 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:
2021-22:A10179/S1945
2020:A8440
 
EFFECTIVE DATE:
This act would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1310--B
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Lieutenant Joseph Banish mental health act".
3 § 2. The civil practice law and rules is amended by adding a new
4 section 4508-a to read as follows:
5 § 4508-a. Critical incident stress management/crisis response/peer
6 support team member. (a) Definitions. As used in this section the
7 following terms shall have the following meanings:
8 1. "Emergency services provider" means any individual working or
9 volunteering in the following service capacities; law enforcement, fire-
10 fighting, emergency medical services, communications/dispatch services,
11 public safety, disaster/emergency managers and disaster responders.
12 2. "Critical incident stress management/crisis response services/peer
13 support" means contact with a trained member of an organized emergency
14 response team who provides intervention, support, consultation, risk
15 assessment, referral and follow-up services.
16 3. "A trained member" means an individual who received specialized
17 training in critical incident stress management/crisis response/peer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03381-07-4
A. 1310--B 2
1 support and offers services as part of an organized emergency response
2 team.
3 4. "Critical incident stress management/crisis response/peer support"
4 means a comprehensive, integrated, strategic and multi-component
5 approach to manage critical incident stress during and following inci-
6 dents and/or for any issue that may impact work and family life. Crit-
7 ical incident stress management/crisis response/peer support services
8 may include:
9 (A) Pre-incident education and preparation;
10 (B) Assessment;
11 (C) Crisis intervention;
12 (D) Strategic planning;
13 (E) Large group interventions;
14 (F) Small group interventions;
15 (G) One-on-one assistance;
16 (H) Family critical incident stress management;
17 (I) Organizational, community intervention, and consultation;
18 (J) Pastoral crisis intervention; and
19 (K) Follow-up and referral.
20 (b) Confidential information privileged. A trained member who received
21 specialized training in critical incident stress management/crisis
22 response/peer support as a member of an organized emergency response
23 team shall not be required to disclose oral or written communication,
24 notes, records or reports made by an individual while receiving such
25 services or be required to disclose his/her communications with the
26 individual in need of critical incident stress management/crisis
27 response/peer support services except:
28 1. Where the individual who received critical incident stress
29 management/crisis response services/peer support gives express consent
30 to the testimony;
31 2. The communication reveals the contemplation of a crime or admission
32 of criminal conduct;
33 3. The individual represents harm to self or others; or
34 4. The individual is suspected of child abuse or is at risk for child
35 abuse.
36 (c) Rules and regulations. The division of criminal justice services
37 shall promulgate rules and regulations necessary to effectuate this
38 section and shall be empowered to identify minimum certifications
39 required of trained members, approved training courses, record keeping
40 requirements, and retraining requirements.
41 § 3. This act shall take effect immediately.