Amended IN Assembly March 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1116Introduced by Assembly Member GraysonFebruary 17, 2017 An act to amend Section 1010 of the Evidence Code, and to add Article 21 (commencing with Section 8669) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to emergency services. LEGISLATIVE COUNSEL'S DIGESTAB 1116, as amended, Grayson. Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.Under existing law, the California Emergency Services Act, the Governor is authorized to proclaim a state of emergency, as defined, under specified circumstances. The California Emergency Services Act also authorizes the governing body of a city, county, city or and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined.This bill would create the Critical Incident Stress Management Peer Support and Crisis Referral Services Act. The bill would, for purposes of the act, define a critical incident stress management team or CISM team peer support team as a local crisis critical incident response team that is comprised of individuals from law enforcement, fire protection, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course established developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as specified. The bill would provide that a communication made by an emergency service provider to a CISM emergency service personnel to a peer support team member while the emergency service provider personnel receives CISM peer support services, as defined, is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding, except as specified. The bill would also provide that, except for an action for medical malpractice, a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, as specified, relating to the teams or team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct. The bill would provide that a communication made by emergency service personnel to a crisis hotline or crisis referral service, as defined, is confidential and shall not be disclosed in a civil or administrative proceeding, except as specified.Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with a psychotherapist, except in specified circumstances.This bill would expand the definition of psychotherapist, for the purposes of the privilege described above in a noncriminal proceeding, to include a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Emergency service personnel frequently respond to traumatic incidents and dangerous circumstances, including, but not limited to, fires, stabbings, gun battles and shootings, domestic violence, terrorist acts, riots, automobile accidents, airplane crashes, and earthquakes. They are exposed to harmful substances, such as blood, urine, and vomit. They witness grave injuries, death, and grief. They are frequently placed in harms way, with significant risk of bodily harm or physical assault while performing the duties of their jobs.(b) The traumatic and unpredictable nature of emergency services results in a high-stress working environment that can take an overwhelming mental, emotional, and physical toll on personnel. Chronic exposure to traumatic events and critical incidents increases the risk for post-traumatic stress and other stress-induced symptoms.(c) While most emergency service personnel survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their professions can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, substance abuse, and even, tragically, suicide. The fire service, as an example, is four times more likely to experience a suicide than a traditional death in the line of duty in any year.(e) Similar to military personnel, Californias emergency service personnel and first responders face unique and uniquely dangerous risks in their mission to keep the public safe. These professionals rely on each other for survival while placing their lives on the line every day to protect the communities they serve.(f) The culture of emergency services has often inhibited its personnel from asking for assistance in battling their psychological stress for fear it will cause ridicule, shame, or adverse job action.(g) California has a responsibility to ensure that its emergency service and public safety agencies are equipped with the tools necessary for assisting emergency service personnel in mitigating the occupational stress that they incur as a result of performing their job duties and protecting the public.(h) It is, therefore, the intent of the Legislature in enacting this act to enable critically needed, confidential peer support and crisis referral services for Californias emergency service personnel.SEC. 2. Section 1010 of the Evidence Code is amended to read:1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.SECTION 1.SEC. 3. Article 21 (commencing with Section 8669) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.8669.1. For purposes of this article, the following terms have the following meanings:(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.(a)(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(b)(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:(1) Physical and emotional illness.(2) Failure of usual coping mechanisms.(3) Loss of interest in the job or normal life activities.(4) Personality changes.(5) Loss of ability to function.(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.(c)Critical incident stress management services or CISM services means(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:(1) Precrisis education.(2) Critical incident stress defusings.(3) Critical incident stress debriefings.(4) On-scene support services.(5) One-on-one support services.(6) Consultation.(7) Referral services.(d)Critical incident stress management team or CISM team(8) Confidentiality obligations.(9) The impact of toxic stress on health and well-being.(10) Grief support.(11) Substance abuse identification and approaches.(12) Active listening skills.(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.(e)Critical incident stress management team member or CISM team member(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.(3)The communication conveys information relating to child or elder abuse.(4)(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential. (c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.
Amended IN Assembly March 29, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1116Introduced by Assembly Member GraysonFebruary 17, 2017 An act to amend Section 1010 of the Evidence Code, and to add Article 21 (commencing with Section 8669) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to emergency services. LEGISLATIVE COUNSEL'S DIGESTAB 1116, as amended, Grayson. Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.Under existing law, the California Emergency Services Act, the Governor is authorized to proclaim a state of emergency, as defined, under specified circumstances. The California Emergency Services Act also authorizes the governing body of a city, county, city or and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined.This bill would create the Critical Incident Stress Management Peer Support and Crisis Referral Services Act. The bill would, for purposes of the act, define a critical incident stress management team or CISM team peer support team as a local crisis critical incident response team that is comprised of individuals from law enforcement, fire protection, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course established developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as specified. The bill would provide that a communication made by an emergency service provider to a CISM emergency service personnel to a peer support team member while the emergency service provider personnel receives CISM peer support services, as defined, is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding, except as specified. The bill would also provide that, except for an action for medical malpractice, a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, as specified, relating to the teams or team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct. The bill would provide that a communication made by emergency service personnel to a crisis hotline or crisis referral service, as defined, is confidential and shall not be disclosed in a civil or administrative proceeding, except as specified.Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with a psychotherapist, except in specified circumstances.This bill would expand the definition of psychotherapist, for the purposes of the privilege described above in a noncriminal proceeding, to include a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 29, 2017
Amended IN Assembly March 29, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1116
Introduced by Assembly Member GraysonFebruary 17, 2017
Introduced by Assembly Member Grayson
February 17, 2017
An act to amend Section 1010 of the Evidence Code, and to add Article 21 (commencing with Section 8669) to Chapter 7 of Division 1 of Title 2 of the Government Code, relating to emergency services.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1116, as amended, Grayson. Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.
Under existing law, the California Emergency Services Act, the Governor is authorized to proclaim a state of emergency, as defined, under specified circumstances. The California Emergency Services Act also authorizes the governing body of a city, county, city or and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined.This bill would create the Critical Incident Stress Management Peer Support and Crisis Referral Services Act. The bill would, for purposes of the act, define a critical incident stress management team or CISM team peer support team as a local crisis critical incident response team that is comprised of individuals from law enforcement, fire protection, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course established developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as specified. The bill would provide that a communication made by an emergency service provider to a CISM emergency service personnel to a peer support team member while the emergency service provider personnel receives CISM peer support services, as defined, is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding, except as specified. The bill would also provide that, except for an action for medical malpractice, a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, as specified, relating to the teams or team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct. The bill would provide that a communication made by emergency service personnel to a crisis hotline or crisis referral service, as defined, is confidential and shall not be disclosed in a civil or administrative proceeding, except as specified.Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with a psychotherapist, except in specified circumstances.This bill would expand the definition of psychotherapist, for the purposes of the privilege described above in a noncriminal proceeding, to include a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel.
Under existing law, the California Emergency Services Act, the Governor is authorized to proclaim a state of emergency, as defined, under specified circumstances. The California Emergency Services Act also authorizes the governing body of a city, county, city or and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined.
This bill would create the Critical Incident Stress Management Peer Support and Crisis Referral Services Act. The bill would, for purposes of the act, define a critical incident stress management team or CISM team peer support team as a local crisis critical incident response team that is comprised of individuals from law enforcement, fire protection, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course established developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as specified. The bill would provide that a communication made by an emergency service provider to a CISM emergency service personnel to a peer support team member while the emergency service provider personnel receives CISM peer support services, as defined, is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding, except as specified. The bill would also provide that, except for an action for medical malpractice, a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, as specified, relating to the teams or team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct. The bill would provide that a communication made by emergency service personnel to a crisis hotline or crisis referral service, as defined, is confidential and shall not be disclosed in a civil or administrative proceeding, except as specified.
Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with a psychotherapist, except in specified circumstances.
This bill would expand the definition of psychotherapist, for the purposes of the privilege described above in a noncriminal proceeding, to include a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Emergency service personnel frequently respond to traumatic incidents and dangerous circumstances, including, but not limited to, fires, stabbings, gun battles and shootings, domestic violence, terrorist acts, riots, automobile accidents, airplane crashes, and earthquakes. They are exposed to harmful substances, such as blood, urine, and vomit. They witness grave injuries, death, and grief. They are frequently placed in harms way, with significant risk of bodily harm or physical assault while performing the duties of their jobs.(b) The traumatic and unpredictable nature of emergency services results in a high-stress working environment that can take an overwhelming mental, emotional, and physical toll on personnel. Chronic exposure to traumatic events and critical incidents increases the risk for post-traumatic stress and other stress-induced symptoms.(c) While most emergency service personnel survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their professions can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, substance abuse, and even, tragically, suicide. The fire service, as an example, is four times more likely to experience a suicide than a traditional death in the line of duty in any year.(e) Similar to military personnel, Californias emergency service personnel and first responders face unique and uniquely dangerous risks in their mission to keep the public safe. These professionals rely on each other for survival while placing their lives on the line every day to protect the communities they serve.(f) The culture of emergency services has often inhibited its personnel from asking for assistance in battling their psychological stress for fear it will cause ridicule, shame, or adverse job action.(g) California has a responsibility to ensure that its emergency service and public safety agencies are equipped with the tools necessary for assisting emergency service personnel in mitigating the occupational stress that they incur as a result of performing their job duties and protecting the public.(h) It is, therefore, the intent of the Legislature in enacting this act to enable critically needed, confidential peer support and crisis referral services for Californias emergency service personnel.SEC. 2. Section 1010 of the Evidence Code is amended to read:1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.SECTION 1.SEC. 3. Article 21 (commencing with Section 8669) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.8669.1. For purposes of this article, the following terms have the following meanings:(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.(a)(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(b)(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:(1) Physical and emotional illness.(2) Failure of usual coping mechanisms.(3) Loss of interest in the job or normal life activities.(4) Personality changes.(5) Loss of ability to function.(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.(c)Critical incident stress management services or CISM services means(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:(1) Precrisis education.(2) Critical incident stress defusings.(3) Critical incident stress debriefings.(4) On-scene support services.(5) One-on-one support services.(6) Consultation.(7) Referral services.(d)Critical incident stress management team or CISM team(8) Confidentiality obligations.(9) The impact of toxic stress on health and well-being.(10) Grief support.(11) Substance abuse identification and approaches.(12) Active listening skills.(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.(e)Critical incident stress management team member or CISM team member(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.(3)The communication conveys information relating to child or elder abuse.(4)(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential. (c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) Emergency service personnel frequently respond to traumatic incidents and dangerous circumstances, including, but not limited to, fires, stabbings, gun battles and shootings, domestic violence, terrorist acts, riots, automobile accidents, airplane crashes, and earthquakes. They are exposed to harmful substances, such as blood, urine, and vomit. They witness grave injuries, death, and grief. They are frequently placed in harms way, with significant risk of bodily harm or physical assault while performing the duties of their jobs.(b) The traumatic and unpredictable nature of emergency services results in a high-stress working environment that can take an overwhelming mental, emotional, and physical toll on personnel. Chronic exposure to traumatic events and critical incidents increases the risk for post-traumatic stress and other stress-induced symptoms.(c) While most emergency service personnel survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their professions can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, substance abuse, and even, tragically, suicide. The fire service, as an example, is four times more likely to experience a suicide than a traditional death in the line of duty in any year.(e) Similar to military personnel, Californias emergency service personnel and first responders face unique and uniquely dangerous risks in their mission to keep the public safe. These professionals rely on each other for survival while placing their lives on the line every day to protect the communities they serve.(f) The culture of emergency services has often inhibited its personnel from asking for assistance in battling their psychological stress for fear it will cause ridicule, shame, or adverse job action.(g) California has a responsibility to ensure that its emergency service and public safety agencies are equipped with the tools necessary for assisting emergency service personnel in mitigating the occupational stress that they incur as a result of performing their job duties and protecting the public.(h) It is, therefore, the intent of the Legislature in enacting this act to enable critically needed, confidential peer support and crisis referral services for Californias emergency service personnel.
SECTION 1. The Legislature finds and declares all of the following:(a) Emergency service personnel frequently respond to traumatic incidents and dangerous circumstances, including, but not limited to, fires, stabbings, gun battles and shootings, domestic violence, terrorist acts, riots, automobile accidents, airplane crashes, and earthquakes. They are exposed to harmful substances, such as blood, urine, and vomit. They witness grave injuries, death, and grief. They are frequently placed in harms way, with significant risk of bodily harm or physical assault while performing the duties of their jobs.(b) The traumatic and unpredictable nature of emergency services results in a high-stress working environment that can take an overwhelming mental, emotional, and physical toll on personnel. Chronic exposure to traumatic events and critical incidents increases the risk for post-traumatic stress and other stress-induced symptoms.(c) While most emergency service personnel survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their professions can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, substance abuse, and even, tragically, suicide. The fire service, as an example, is four times more likely to experience a suicide than a traditional death in the line of duty in any year.(e) Similar to military personnel, Californias emergency service personnel and first responders face unique and uniquely dangerous risks in their mission to keep the public safe. These professionals rely on each other for survival while placing their lives on the line every day to protect the communities they serve.(f) The culture of emergency services has often inhibited its personnel from asking for assistance in battling their psychological stress for fear it will cause ridicule, shame, or adverse job action.(g) California has a responsibility to ensure that its emergency service and public safety agencies are equipped with the tools necessary for assisting emergency service personnel in mitigating the occupational stress that they incur as a result of performing their job duties and protecting the public.(h) It is, therefore, the intent of the Legislature in enacting this act to enable critically needed, confidential peer support and crisis referral services for Californias emergency service personnel.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Emergency service personnel frequently respond to traumatic incidents and dangerous circumstances, including, but not limited to, fires, stabbings, gun battles and shootings, domestic violence, terrorist acts, riots, automobile accidents, airplane crashes, and earthquakes. They are exposed to harmful substances, such as blood, urine, and vomit. They witness grave injuries, death, and grief. They are frequently placed in harms way, with significant risk of bodily harm or physical assault while performing the duties of their jobs.
(b) The traumatic and unpredictable nature of emergency services results in a high-stress working environment that can take an overwhelming mental, emotional, and physical toll on personnel. Chronic exposure to traumatic events and critical incidents increases the risk for post-traumatic stress and other stress-induced symptoms.
(c) While most emergency service personnel survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their professions can have a detrimental impact long after their shift is over.
(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, substance abuse, and even, tragically, suicide. The fire service, as an example, is four times more likely to experience a suicide than a traditional death in the line of duty in any year.
(e) Similar to military personnel, Californias emergency service personnel and first responders face unique and uniquely dangerous risks in their mission to keep the public safe. These professionals rely on each other for survival while placing their lives on the line every day to protect the communities they serve.
(f) The culture of emergency services has often inhibited its personnel from asking for assistance in battling their psychological stress for fear it will cause ridicule, shame, or adverse job action.
(g) California has a responsibility to ensure that its emergency service and public safety agencies are equipped with the tools necessary for assisting emergency service personnel in mitigating the occupational stress that they incur as a result of performing their job duties and protecting the public.
(h) It is, therefore, the intent of the Legislature in enacting this act to enable critically needed, confidential peer support and crisis referral services for Californias emergency service personnel.
SEC. 2. Section 1010 of the Evidence Code is amended to read:1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.
SEC. 2. Section 1010 of the Evidence Code is amended to read:
### SEC. 2.
1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.
1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.
1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.
1010. As used in this article, psychotherapist means a person who is, or is reasonably believed by the patient to be:
(a) A person authorized to practice medicine in any state or nation who devotes, or is reasonably believed by the patient to devote, a substantial portion of his or her time to the practice of psychiatry.
(b) A person licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(c) A person licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, when he or she is engaged in applied psychotherapy of a nonmedical nature.
(d) A person who is serving as a school psychologist and holds a credential authorizing that service issued by the state.
(e) A person licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code.
(f) A person registered as a psychological assistant who is under the supervision of a licensed psychologist or board certified psychiatrist as required by Section 2913 of the Business and Professions Code, or a person registered as a marriage and family therapist intern who is under the supervision of a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Section 4980.44 of the Business and Professions Code.
(g) A person registered as an associate clinical social worker who is under supervision as specified in Section 4996.23 of the Business and Professions Code.
(h) A person registered with the Board of Psychology as a registered psychologist who is under the supervision of a licensed psychologist or board certified psychiatrist.
(i) A psychological intern as defined in Section 2911 of the Business and Professions Code who is under the supervision of a licensed psychologist or board certified psychiatrist.
(j) A trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by subparagraph (B) of paragraph (1) of subdivision (d) of Section 4980.36 of, or subdivision (c) of Section 4980.37 of, the Business and Professions Code and is supervised by a licensed psychologist, a board certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(k) A person licensed as a registered nurse pursuant to Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, who possesses a masters degree in psychiatric-mental health nursing and is listed as a psychiatric-mental health nurse by the Board of Registered Nursing.
(l) An advanced practice registered nurse who is certified as a clinical nurse specialist pursuant to Article 9 (commencing with Section 2838) of Chapter 6 of Division 2 of the Business and Professions Code and who participates in expert clinical practice in the specialty of psychiatric-mental health nursing.
(m) A person rendering mental health treatment or counseling services as authorized pursuant to Section 6924 of the Family Code.
(n) A person licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code.
(o) A person registered as a clinical counselor intern who is under the supervision of a licensed professional clinical counselor, a licensed marriage and family therapist, a licensed clinical social worker, a licensed psychologist, or a licensed physician and surgeon certified in psychiatry, as specified in Sections 4999.42 to 4999.46, inclusive, of the Business and Professions Code.
(p) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code, who is fulfilling his or her supervised practicum required by paragraph (3) of subdivision (c) of Section 4999.32 of, or paragraph (3) of subdivision (c) of Section 4999.33 of, the Business and Professions Code, and is supervised by a licensed psychologist, a board-certified psychiatrist, a licensed clinical social worker, a licensed marriage and family therapist, or a licensed professional clinical counselor.
(q) For purposes of a noncriminal proceeding only, a person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel, as described in subdivision (c) of Section 8669.5 of the Government Code.
SECTION 1.SEC. 3. Article 21 (commencing with Section 8669) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.8669.1. For purposes of this article, the following terms have the following meanings:(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.(a)(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(b)(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:(1) Physical and emotional illness.(2) Failure of usual coping mechanisms.(3) Loss of interest in the job or normal life activities.(4) Personality changes.(5) Loss of ability to function.(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.(c)Critical incident stress management services or CISM services means(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:(1) Precrisis education.(2) Critical incident stress defusings.(3) Critical incident stress debriefings.(4) On-scene support services.(5) One-on-one support services.(6) Consultation.(7) Referral services.(d)Critical incident stress management team or CISM team(8) Confidentiality obligations.(9) The impact of toxic stress on health and well-being.(10) Grief support.(11) Substance abuse identification and approaches.(12) Active listening skills.(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.(e)Critical incident stress management team member or CISM team member(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.(3)The communication conveys information relating to child or elder abuse.(4)(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential. (c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.
SECTION 1.SEC. 3. Article 21 (commencing with Section 8669) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
### SECTION 1.SEC. 3.
Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.8669.1. For purposes of this article, the following terms have the following meanings:(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.(a)(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(b)(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:(1) Physical and emotional illness.(2) Failure of usual coping mechanisms.(3) Loss of interest in the job or normal life activities.(4) Personality changes.(5) Loss of ability to function.(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.(c)Critical incident stress management services or CISM services means(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:(1) Precrisis education.(2) Critical incident stress defusings.(3) Critical incident stress debriefings.(4) On-scene support services.(5) One-on-one support services.(6) Consultation.(7) Referral services.(d)Critical incident stress management team or CISM team(8) Confidentiality obligations.(9) The impact of toxic stress on health and well-being.(10) Grief support.(11) Substance abuse identification and approaches.(12) Active listening skills.(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.(e)Critical incident stress management team member or CISM team member(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.(3)The communication conveys information relating to child or elder abuse.(4)(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential. (c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.
Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.8669.1. For purposes of this article, the following terms have the following meanings:(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.(a)(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(b)(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:(1) Physical and emotional illness.(2) Failure of usual coping mechanisms.(3) Loss of interest in the job or normal life activities.(4) Personality changes.(5) Loss of ability to function.(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.(c)Critical incident stress management services or CISM services means(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:(1) Precrisis education.(2) Critical incident stress defusings.(3) Critical incident stress debriefings.(4) On-scene support services.(5) One-on-one support services.(6) Consultation.(7) Referral services.(d)Critical incident stress management team or CISM team(8) Confidentiality obligations.(9) The impact of toxic stress on health and well-being.(10) Grief support.(11) Substance abuse identification and approaches.(12) Active listening skills.(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.(e)Critical incident stress management team member or CISM team member(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.(3)The communication conveys information relating to child or elder abuse.(4)(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential. (c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.
Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act
Article 21. Critical Incident Stress Management Services Act Peer Support and Crisis Referral Services Act
8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.
8669. This article shall be known, and may be cited, as the Critical Incident Stress Management Services Act. Peer Support and Crisis Referral Services Act.
8669.1. For purposes of this article, the following terms have the following meanings:(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.(a)(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(b)(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:(1) Physical and emotional illness.(2) Failure of usual coping mechanisms.(3) Loss of interest in the job or normal life activities.(4) Personality changes.(5) Loss of ability to function.(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.(c)Critical incident stress management services or CISM services means(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:(1) Precrisis education.(2) Critical incident stress defusings.(3) Critical incident stress debriefings.(4) On-scene support services.(5) One-on-one support services.(6) Consultation.(7) Referral services.(d)Critical incident stress management team or CISM team(8) Confidentiality obligations.(9) The impact of toxic stress on health and well-being.(10) Grief support.(11) Substance abuse identification and approaches.(12) Active listening skills.(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.(e)Critical incident stress management team member or CISM team member(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.
8669.1. For purposes of this article, the following terms have the following meanings:
(a) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment sources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises.
(a)
(b) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.
(b)
(c) Critical incident stress means the acute or cumulative psychological stress or trauma that an emergency service provider personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, one or more of the following:
(1) Physical and emotional illness.
(2) Failure of usual coping mechanisms.
(3) Loss of interest in the job or normal life activities.
(4) Personality changes.
(5) Loss of ability to function.
(6) Psychological disruption of personal life, including his or her relationship with a spouse, child, or friend.
(d) Emergency service personnel means an individual who provides emergency response services, including a law enforcement officer, correctional officer, firefighter, paramedic, emergency medical technician, dispatcher, emergency response communication employee, or rescue service personnel.
(c)Critical incident stress management services or CISM services means
(e) Peer support services include services provided by a critical incident stress management peer support team or a critical incident stress management peer support team member to an emergency service provider personnel affected by a critical incident. Critical incident stress management incident or the accumulation of witnessing multiple incidents. Peer support services are designed to assist an emergency service provider assist emergency service personnel affected by a critical incident to cope in coping with critical incident stress or to mitigate mitigating reactions to critical incident stress. Critical incident stress management Peer support services include one or more of the following:
(1) Precrisis education.
(2) Critical incident stress defusings.
(3) Critical incident stress debriefings.
(4) On-scene support services.
(5) One-on-one support services.
(6) Consultation.
(7) Referral services.
(d)Critical incident stress management team or CISM team
(8) Confidentiality obligations.
(9) The impact of toxic stress on health and well-being.
(10) Grief support.
(11) Substance abuse identification and approaches.
(12) Active listening skills.
(f) Peer support team means a local crisis critical incident response team that is comprised of individuals from law enforcement, fire, and emergency services professions, emergency medical services, hospital staff, clergy, educators, and mental health providers professionals who have completed a CISM peer support training course created developed by the Office of Emergency Services. Services, the California Firefighter Joint Apprenticeship Committee, or the Commission on Correctional Peace Officer Standards and Training, as described in Section 8669.4.
(e)Critical incident stress management team member or CISM team member
(g) Peer support team member means an individual who is specially trained to provide critical incident stress management peer support services as a member of a critical incident stress management peer support team.
(f)Emergency service provider means an individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.
8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.(3)The communication conveys information relating to child or elder abuse.(4)(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential. (c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.
8669.2. (a) Except as otherwise provided in this section, a communication made by an emergency service provider personnel to a CISM peer support team member while the emergency service provider personnel receives CISM peer support services is confidential and shall not be disclosed in a civil, criminal, civil or administrative proceeding. A record kept by a CISM peer support team member relating to the provision of CISM peer support services to an emergency service provider personnel by the CISM peer support team or a CISM peer support team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, civil or administrative proceeding.
(b) A communication or record described in subdivision (a) is not confidential if any of the following circumstances exist:
(1) The CISM peer support team member reasonably needs to must make an appropriate referral of the emergency service provider personnel to, or consult about the emergency service provider personnel with, another member of the CISM peer support team or an appropriate professional associated with the CISM peer support team.
(2)The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.
(2) Revealing the communication by the emergency service personnel may prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(3)The communication conveys information relating to child or elder abuse.
(4)
(3) The emergency service provider personnel or the legal representative of the emergency service provider personnel expressly agrees in writing that the emergency service providers personnel communication is not confidential.
(c) If the confidentiality of a communication is removed under paragraph (1) or (2) of subdivision (b), the peer support team member shall notify the emergency service personnel of the removal in writing.
8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.
8669.3. (a) Except as otherwise provided in subdivision (b), a CISM peer support team or a CISM peer support team member providing CISM peer support services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM peer support teams or CISM peer support team members act, error, or omission in performing CISM peer support services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.
(b) Subdivision (a) does not apply to an action for medical malpractice.
8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse identification and approaches.(L) Active listening skills.
8669.4. (a) The Office of Emergency Services shall establish a CISM develop a peer support training course that each CISM peer support team member must complete in order to be eligible for the protections of this article.
(b) (1) Notwithstanding subdivision (a), the Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service-specific peer support training course for a peer support team member who will provide peer support services for firefighters and other fire service emergency response personnel.
(2) This fire service-specific peer support training course shall be developed by the California Firefighter Joint Apprenticeship Committee in consultation with individuals knowledgeable about fire service first responder peer support services. The course shall include topics on peer support and stress management, including, but not limited to, all of the following:
(A) Precrisis education.
(B) Critical incident stress defusings.
(C) Critical incident stress debriefings.
(D) On-scene support services.
(E) One-on-one support services.
(F) Consultation.
(G) Referral services.
(H) Confidentiality obligations.
(I) The impact of toxic stress on health and well-being.
(J) Grief support.
(K) Substance abuse identification and approaches.
(L) Active listening skills.
(3) The contract shall provide for the delivery of training by the California Firefighter Joint Apprenticeship Committee through contracts with state, local, and regional public fire agencies.
(c) (1) Notwithstanding subdivision (a), the Commission on Correctional Peace Officer Standards and Trainings shall develop and deliver a peer support training course for a peer support team member who will be operating in correctional facilities such as the state prison or a county jail.
(2) This peer support training course shall include topics on peer support and stress management, including, but not limited to, all of the following:
(A) Precrisis education.
(B) Critical incident stress defusings.
(C) Critical incident stress debriefings.
(D) On-scene support services.
(E) One-on-one support services.
(F) Consultation.
(G) Referral services.
(H) Confidentiality obligations.
(I) The impact of toxic stress on health and well-being.
(J) Grief support.
(K) Substance abuse identification and approaches.
(L) Active listening skills.
8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.
8669.5. (a) Except as otherwise provided in this section, a communication made by emergency service personnel to a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil or administrative proceeding.
(b) A crisis hotline or crisis referral service may reveal information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(c) A person or volunteer staffing a crisis hotline or crisis referral service for emergency service personnel is a psychotherapist, as described in subdivision (q) of Section 1010 of the Evidence Code, for purposes of Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, for purposes of a noncriminal proceeding.