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A01310 Summary:

BILL NOA01310B
 
SAME ASSAME AS S06709-A
 
SPONSORSillitti
 
COSPNSRBerger, Steck, Thiele, Braunstein, Lucas, DeStefano, Giglio JA, Angelino, Jean-Pierre, Gunther
 
MLTSPNSR
 
Add §4508-a, CPLR
 
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.
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A01310 Actions:

BILL NOA01310B
 
01/17/2023referred to judiciary
03/17/2023amend and recommit to judiciary
03/17/2023print number 1310a
01/03/2024referred to judiciary
02/06/2024amend and recommit to judiciary
02/06/2024print number 1310b
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A01310 Memo:

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.
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A01310 Text:



 
                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.
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