Amended IN Senate August 30, 2019 Amended IN Senate July 11, 2019 Amended IN Assembly April 24, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1116Introduced by Assembly Member Grayson(Coauthors: Assembly Members Aguiar-Curry, Burke, Limn, Ramos, Waldron, and Wood)(Coauthor: Senator Dodd)February 21, 2019 An act to add Article 22 (commencing with Section 8669.7) to Chapter 7 of Division 1 of Title 2 of, and to add and repeal Article 21 (commencing with Section 8669) of 8669.05) to Chapter 7 of Division 1 of Title 2 of, of the Government Code, relating to firefighters. LEGISLATIVE COUNSEL'S DIGESTAB 1116, as amended, Grayson. Firefighters: peer support.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 and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined. Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with specified persons, except in specified circumstances.This bill would, until January 1, 2025, create the would enact the California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act. The bill would authorize the state or a local or regional public fire agency to establish a Peer Support and Crisis Referral Program to provide an agencywide network of peer representatives available to aid fellow employees on emotional or professional issues. The bill would, for purposes of the act, define a peer support team as a team composed of emergency service personnel, as defined, hospital staff, clergy, and educators who have been appointed to the team by a Peer Support Labor-Management Committee, as defined, and who have completed a peer support training course developed and delivered by the California Firefighter Joint Apprenticeship Committee, course, as specified. The bill would provide that an emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member, crisis hotline staff member, or crisis referral service staff member in a civil, administrative, or arbitration proceeding, service, except under limited circumstances, including, among others, when disclosure is reasonably believed to be necessary to prevent death, substantial bodily harm, or commission of a crime, or when disclosure is reasonably believed to be required pursuant to the peer support policy, as specified. required as part of a mandated reporter obligation. The bill would also provide that, except for an action for medical malpractice, a peer support team member providing peer support services as a member of a peer support team is and the public fire agency that employs them are not liable for damages, as specified, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. The bill would further provide that an emergency service personnel has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication in a civil, administrative, or arbitration proceeding on or after January 1, 2025, except as specified.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) Firefighters 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, earthquakes, and other gruesome scenes that have a profound impact on their mental health. 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 being a firefighter 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 injuries.(c) While most firefighters survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their profession can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, which results in substance use disorders and even, tragically, suicide. The fire service 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 firefighters 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 to assist firefighters to mitigate the occupational stress that they experience as a result of performing their job duties.(h) It is, therefore, the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act to enable critically needed, confidential peer support and crisis referral services for Californias firefighters.(i) It is the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act that a confidential communication made by emergency service personnel, a peer support team member, or crisis referral service staff remain confidential after the repeal of the pilot program. confidential.SEC. 2.Article 21 (commencing with Section 8669) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:SEC. 2. Article 21 (commencing with Section 8669.05) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:(1) Substance use and substance abuse.(2) Critical incident stress.(3) Family issues.(4) Grief support.(5) Legal issues.(6) Line of duty deaths.(7) Serious injury or illness.(8) Suicide.(9) Victims of crime.(10) Workplace issues.8669.1.8669.15. For purposes of this article, the following terms have the following meanings:(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.(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.(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.(h)(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.(i)(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.(k)(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4.(a)The Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service peer support training course and review and approve existing curriculum that meets the standards established in this article, that a peer support team member shall complete to provide peer support services for firefighters and to be eligible for the protections of this article.(b)The fire service peer support training course shall be developed in consultation with individuals and organizations knowledgeable about fire service peer support services.(c)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.8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).8669.5.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.(b)Notwithstanding subdivision (a), a crisis hotline or crisis referral service may only disclose confidential information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.8669.6.This article shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 3.Article 22 (commencing with Section 8669.7) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:22.Emergency Service Personnel8669.7.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. A confidential communication described in this subdivision may only be disclosed if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime, or if the emergency personnel or the legal representative of the emergency service personnel expressly agrees in writing that the communication may be disclosed.(b)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding. However, a crisis hotline or crisis referral service may disclose confidential information described in this subdivision if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)For purposes of this section the following terms have the following meanings:(1)Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(2)Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions.(3)Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(4)Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:(A)Physical and emotional illness.(B)Failure of usual coping mechanisms.(C)Loss of interest in the job or normal life activities.(D)Personality changes.(E)Loss of ability to function.(F)Psychological disruption of personal life, including the persons relationship with a spouse, child, or friend.(5)Emergency service personnel means a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state.(6)Peer support services include services provided by a peer support team or a peer support team member to emergency service personnel affected by a critical incident or the accumulation of witnessing multiple incidents. Peer support services assist emergency service personnel affected by a critical incident in coping with critical incident stress or mitigating reactions to critical incident stress to reduce the risk of post-traumatic stress injuries.(7)Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to former Section 8669.4, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee.(8)Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team.(d)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.(e)This section shall become operative on January 1, 2025, and shall only apply to communications made by emergency service personnel or a peer support team member, or by emergency service personnel to a crisis hotline or crisis referral service, between January 1, 2020, and January 1, 2025, pursuant to the former Firefighter Peer Support and Crisis Referral Services Pilot Program established pursuant to former Article 21 (commencing with Section 8669) of Chapter 7 of Division 1 of Title 2 of the Government Code.
Amended IN Senate August 30, 2019 Amended IN Senate July 11, 2019 Amended IN Assembly April 24, 2019 Amended IN Assembly March 18, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1116Introduced by Assembly Member Grayson(Coauthors: Assembly Members Aguiar-Curry, Burke, Limn, Ramos, Waldron, and Wood)(Coauthor: Senator Dodd)February 21, 2019 An act to add Article 22 (commencing with Section 8669.7) to Chapter 7 of Division 1 of Title 2 of, and to add and repeal Article 21 (commencing with Section 8669) of 8669.05) to Chapter 7 of Division 1 of Title 2 of, of the Government Code, relating to firefighters. LEGISLATIVE COUNSEL'S DIGESTAB 1116, as amended, Grayson. Firefighters: peer support.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 and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined. Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with specified persons, except in specified circumstances.This bill would, until January 1, 2025, create the would enact the California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act. The bill would authorize the state or a local or regional public fire agency to establish a Peer Support and Crisis Referral Program to provide an agencywide network of peer representatives available to aid fellow employees on emotional or professional issues. The bill would, for purposes of the act, define a peer support team as a team composed of emergency service personnel, as defined, hospital staff, clergy, and educators who have been appointed to the team by a Peer Support Labor-Management Committee, as defined, and who have completed a peer support training course developed and delivered by the California Firefighter Joint Apprenticeship Committee, course, as specified. The bill would provide that an emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member, crisis hotline staff member, or crisis referral service staff member in a civil, administrative, or arbitration proceeding, service, except under limited circumstances, including, among others, when disclosure is reasonably believed to be necessary to prevent death, substantial bodily harm, or commission of a crime, or when disclosure is reasonably believed to be required pursuant to the peer support policy, as specified. required as part of a mandated reporter obligation. The bill would also provide that, except for an action for medical malpractice, a peer support team member providing peer support services as a member of a peer support team is and the public fire agency that employs them are not liable for damages, as specified, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. The bill would further provide that an emergency service personnel has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication in a civil, administrative, or arbitration proceeding on or after January 1, 2025, except as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 30, 2019 Amended IN Senate July 11, 2019 Amended IN Assembly April 24, 2019 Amended IN Assembly March 18, 2019
Amended IN Senate August 30, 2019
Amended IN Senate July 11, 2019
Amended IN Assembly April 24, 2019
Amended IN Assembly March 18, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 1116
Introduced by Assembly Member Grayson(Coauthors: Assembly Members Aguiar-Curry, Burke, Limn, Ramos, Waldron, and Wood)(Coauthor: Senator Dodd)February 21, 2019
Introduced by Assembly Member Grayson(Coauthors: Assembly Members Aguiar-Curry, Burke, Limn, Ramos, Waldron, and Wood)(Coauthor: Senator Dodd)
February 21, 2019
An act to add Article 22 (commencing with Section 8669.7) to Chapter 7 of Division 1 of Title 2 of, and to add and repeal Article 21 (commencing with Section 8669) of 8669.05) to Chapter 7 of Division 1 of Title 2 of, of the Government Code, relating to firefighters.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1116, as amended, Grayson. Firefighters: peer support.
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 and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined. Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with specified persons, except in specified circumstances.This bill would, until January 1, 2025, create the would enact the California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act. The bill would authorize the state or a local or regional public fire agency to establish a Peer Support and Crisis Referral Program to provide an agencywide network of peer representatives available to aid fellow employees on emotional or professional issues. The bill would, for purposes of the act, define a peer support team as a team composed of emergency service personnel, as defined, hospital staff, clergy, and educators who have been appointed to the team by a Peer Support Labor-Management Committee, as defined, and who have completed a peer support training course developed and delivered by the California Firefighter Joint Apprenticeship Committee, course, as specified. The bill would provide that an emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member, crisis hotline staff member, or crisis referral service staff member in a civil, administrative, or arbitration proceeding, service, except under limited circumstances, including, among others, when disclosure is reasonably believed to be necessary to prevent death, substantial bodily harm, or commission of a crime, or when disclosure is reasonably believed to be required pursuant to the peer support policy, as specified. required as part of a mandated reporter obligation. The bill would also provide that, except for an action for medical malpractice, a peer support team member providing peer support services as a member of a peer support team is and the public fire agency that employs them are not liable for damages, as specified, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. The bill would further provide that an emergency service personnel has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication in a civil, administrative, or arbitration proceeding on or after January 1, 2025, except as specified.
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 and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined. Existing law provides that a person has a privilege to refuse to disclose, and prevent another from disclosing, a confidential communication with specified persons, except in specified circumstances.
This bill would, until January 1, 2025, create the would enact the California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act. The bill would authorize the state or a local or regional public fire agency to establish a Peer Support and Crisis Referral Program to provide an agencywide network of peer representatives available to aid fellow employees on emotional or professional issues. The bill would, for purposes of the act, define a peer support team as a team composed of emergency service personnel, as defined, hospital staff, clergy, and educators who have been appointed to the team by a Peer Support Labor-Management Committee, as defined, and who have completed a peer support training course developed and delivered by the California Firefighter Joint Apprenticeship Committee, course, as specified. The bill would provide that an emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member, crisis hotline staff member, or crisis referral service staff member in a civil, administrative, or arbitration proceeding, service, except under limited circumstances, including, among others, when disclosure is reasonably believed to be necessary to prevent death, substantial bodily harm, or commission of a crime, or when disclosure is reasonably believed to be required pursuant to the peer support policy, as specified. required as part of a mandated reporter obligation. The bill would also provide that, except for an action for medical malpractice, a peer support team member providing peer support services as a member of a peer support team is and the public fire agency that employs them are not liable for damages, as specified, relating to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct. The bill would further provide that an emergency service personnel has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication in a civil, administrative, or arbitration proceeding on or after January 1, 2025, except as specified.
## 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) Firefighters 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, earthquakes, and other gruesome scenes that have a profound impact on their mental health. 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 being a firefighter 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 injuries.(c) While most firefighters survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their profession can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, which results in substance use disorders and even, tragically, suicide. The fire service 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 firefighters 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 to assist firefighters to mitigate the occupational stress that they experience as a result of performing their job duties.(h) It is, therefore, the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act to enable critically needed, confidential peer support and crisis referral services for Californias firefighters.(i) It is the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act that a confidential communication made by emergency service personnel, a peer support team member, or crisis referral service staff remain confidential after the repeal of the pilot program. confidential.SEC. 2.Article 21 (commencing with Section 8669) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:SEC. 2. Article 21 (commencing with Section 8669.05) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:(1) Substance use and substance abuse.(2) Critical incident stress.(3) Family issues.(4) Grief support.(5) Legal issues.(6) Line of duty deaths.(7) Serious injury or illness.(8) Suicide.(9) Victims of crime.(10) Workplace issues.8669.1.8669.15. For purposes of this article, the following terms have the following meanings:(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.(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.(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.(h)(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.(i)(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.(k)(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4.(a)The Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service peer support training course and review and approve existing curriculum that meets the standards established in this article, that a peer support team member shall complete to provide peer support services for firefighters and to be eligible for the protections of this article.(b)The fire service peer support training course shall be developed in consultation with individuals and organizations knowledgeable about fire service peer support services.(c)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.8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).8669.5.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.(b)Notwithstanding subdivision (a), a crisis hotline or crisis referral service may only disclose confidential information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.8669.6.This article shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 3.Article 22 (commencing with Section 8669.7) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:22.Emergency Service Personnel8669.7.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. A confidential communication described in this subdivision may only be disclosed if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime, or if the emergency personnel or the legal representative of the emergency service personnel expressly agrees in writing that the communication may be disclosed.(b)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding. However, a crisis hotline or crisis referral service may disclose confidential information described in this subdivision if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)For purposes of this section the following terms have the following meanings:(1)Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(2)Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions.(3)Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(4)Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:(A)Physical and emotional illness.(B)Failure of usual coping mechanisms.(C)Loss of interest in the job or normal life activities.(D)Personality changes.(E)Loss of ability to function.(F)Psychological disruption of personal life, including the persons relationship with a spouse, child, or friend.(5)Emergency service personnel means a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state.(6)Peer support services include services provided by a peer support team or a peer support team member to emergency service personnel affected by a critical incident or the accumulation of witnessing multiple incidents. Peer support services assist emergency service personnel affected by a critical incident in coping with critical incident stress or mitigating reactions to critical incident stress to reduce the risk of post-traumatic stress injuries.(7)Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to former Section 8669.4, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee.(8)Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team.(d)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.(e)This section shall become operative on January 1, 2025, and shall only apply to communications made by emergency service personnel or a peer support team member, or by emergency service personnel to a crisis hotline or crisis referral service, between January 1, 2020, and January 1, 2025, pursuant to the former Firefighter Peer Support and Crisis Referral Services Pilot Program established pursuant to former Article 21 (commencing with Section 8669) of Chapter 7 of Division 1 of Title 2 of the Government Code.
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) Firefighters 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, earthquakes, and other gruesome scenes that have a profound impact on their mental health. 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 being a firefighter 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 injuries.(c) While most firefighters survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their profession can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, which results in substance use disorders and even, tragically, suicide. The fire service 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 firefighters 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 to assist firefighters to mitigate the occupational stress that they experience as a result of performing their job duties.(h) It is, therefore, the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act to enable critically needed, confidential peer support and crisis referral services for Californias firefighters.(i) It is the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act that a confidential communication made by emergency service personnel, a peer support team member, or crisis referral service staff remain confidential after the repeal of the pilot program. confidential.
SECTION 1. The Legislature finds and declares all of the following:(a) Firefighters 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, earthquakes, and other gruesome scenes that have a profound impact on their mental health. 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 being a firefighter 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 injuries.(c) While most firefighters survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their profession can have a detrimental impact long after their shift is over.(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, which results in substance use disorders and even, tragically, suicide. The fire service 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 firefighters 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 to assist firefighters to mitigate the occupational stress that they experience as a result of performing their job duties.(h) It is, therefore, the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act to enable critically needed, confidential peer support and crisis referral services for Californias firefighters.(i) It is the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act that a confidential communication made by emergency service personnel, a peer support team member, or crisis referral service staff remain confidential after the repeal of the pilot program. confidential.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) Firefighters 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, earthquakes, and other gruesome scenes that have a profound impact on their mental health. 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 being a firefighter 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 injuries.
(c) While most firefighters survive the traumas of their jobs, sadly, many experience the impacts of occupational stressors when off duty. The psychological and emotional stress of their profession can have a detrimental impact long after their shift is over.
(d) Such trauma-related injuries can become overwhelming, manifesting in post-traumatic stress, which results in substance use disorders and even, tragically, suicide. The fire service 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 firefighters 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 to assist firefighters to mitigate the occupational stress that they experience as a result of performing their job duties.
(h) It is, therefore, the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act to enable critically needed, confidential peer support and crisis referral services for Californias firefighters.
(i) It is the intent of the Legislature in enacting the Firefighter Peer Support and Crisis Referral Services Pilot Program Act that a confidential communication made by emergency service personnel, a peer support team member, or crisis referral service staff remain confidential after the repeal of the pilot program. confidential.
SEC. 2. Article 21 (commencing with Section 8669.05) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read: Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:(1) Substance use and substance abuse.(2) Critical incident stress.(3) Family issues.(4) Grief support.(5) Legal issues.(6) Line of duty deaths.(7) Serious injury or illness.(8) Suicide.(9) Victims of crime.(10) Workplace issues.8669.1.8669.15. For purposes of this article, the following terms have the following meanings:(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.(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.(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.(h)(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.(i)(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.(k)(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4.(a)The Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service peer support training course and review and approve existing curriculum that meets the standards established in this article, that a peer support team member shall complete to provide peer support services for firefighters and to be eligible for the protections of this article.(b)The fire service peer support training course shall be developed in consultation with individuals and organizations knowledgeable about fire service peer support services.(c)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.8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).8669.5.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.(b)Notwithstanding subdivision (a), a crisis hotline or crisis referral service may only disclose confidential information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.8669.6.This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 2. Article 21 (commencing with Section 8669.05) is added to Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
### SEC. 2.
Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:(1) Substance use and substance abuse.(2) Critical incident stress.(3) Family issues.(4) Grief support.(5) Legal issues.(6) Line of duty deaths.(7) Serious injury or illness.(8) Suicide.(9) Victims of crime.(10) Workplace issues.8669.1.8669.15. For purposes of this article, the following terms have the following meanings:(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.(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.(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.(h)(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.(i)(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.(k)(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4.(a)The Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service peer support training course and review and approve existing curriculum that meets the standards established in this article, that a peer support team member shall complete to provide peer support services for firefighters and to be eligible for the protections of this article.(b)The fire service peer support training course shall be developed in consultation with individuals and organizations knowledgeable about fire service peer support services.(c)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.8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).8669.5.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.(b)Notwithstanding subdivision (a), a crisis hotline or crisis referral service may only disclose confidential information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.8669.6.This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:(1) Substance use and substance abuse.(2) Critical incident stress.(3) Family issues.(4) Grief support.(5) Legal issues.(6) Line of duty deaths.(7) Serious injury or illness.(8) Suicide.(9) Victims of crime.(10) Workplace issues.8669.1.8669.15. For purposes of this article, the following terms have the following meanings:(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.(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.(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.(h)(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.(i)(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.(k)(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.8669.4.(a)The Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service peer support training course and review and approve existing curriculum that meets the standards established in this article, that a peer support team member shall complete to provide peer support services for firefighters and to be eligible for the protections of this article.(b)The fire service peer support training course shall be developed in consultation with individuals and organizations knowledgeable about fire service peer support services.(c)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.8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).8669.5.(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.(b)Notwithstanding subdivision (a), a crisis hotline or crisis referral service may only disclose confidential information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(c)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.8669.6.This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act
Article 21. Firefighter Peer Support and Crisis Referral Services Pilot Program Act
8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.
8669.8669.05. This article shall be known, and may be cited, as the Firefighter California Firefighter Peer Support and Crisis Referral Services Pilot Program. Act.
8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:(1) Substance use and substance abuse.(2) Critical incident stress.(3) Family issues.(4) Grief support.(5) Legal issues.(6) Line of duty deaths.(7) Serious injury or illness.(8) Suicide.(9) Victims of crime.(10) Workplace issues.
8669.10. (a) The state or any local or regional public fire agency may establish a Peer Support and Crisis Referral Program. The program shall be responsible for providing an agencywide network of peer representatives, reflective of the agencys workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues.
(b) The Peer Support and Crisis Referral Program may provide employee support and referral services for matters such as, but not limited to, any of the following:
(1) Substance use and substance abuse.
(2) Critical incident stress.
(3) Family issues.
(4) Grief support.
(5) Legal issues.
(6) Line of duty deaths.
(7) Serious injury or illness.
(8) Suicide.
(9) Victims of crime.
(10) Workplace issues.
8669.1.8669.15. For purposes of this article, the following terms have the following meanings:(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.(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.(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.(h)(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.(i)(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.(k)(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.
8669.1.8669.15. For purposes of this article, the following terms have the following meanings:
(a) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.
(b) Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.
(c) Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.
(d) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, 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 the persons relationship with a spouse, child, or friend.
(e) Emergency service personnel means an employee of the state, local, or regional public fire agency who provides emergency response services, including a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state. dispatcher, emergency response communication employee, rescue service personnel, emergency manager, or any other employee of a state, local, or regional public fire agency.
(f) Peer support services include means authorized peer support services provided by a peer support team or a peer support team member to emergency service personnel personnel and their immediate families affected by a critical incident or the accumulation cumulative effect of witnessing multiple incidents. critical incidents. Peer support services assist emergency service personnel those affected by a critical incident in coping with critical incident stress or and mitigating reactions to critical incident stress to reduce stress, including reducing the risk of post-traumatic stress injuries. and other injuries. Peer support services include all of may include any 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.
(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.
(g)Peer Support Labor-Management Committee means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.
(h)
(g) Peer support program means a program program administered by the state, local, or regional public fire agency to deliver peer support services to an agencys employees emergency service personnel consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician. implemented through a labor management agreement negotiated separate and apart from any collective bargaining agreement covering affected employees.
(i)
(h) Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.4, 8669.30, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee. pursuant to program policy.
(j)Peer support team clinician means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.
(k)
(i) Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team. a public fire agency employee who has completed an approved peer support training course or courses pursuant to Section 8669.30. Agency selection criteria for peer support team members shall be incorporated into program policies.
8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.
8669.2.8669.20. (a) An emergency service personnel, whether or not a party to the an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed only under the following circumstances:
(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.
(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee. an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.
(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel confidential communication may be disclosed.
(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.
8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.(b) Subdivision (a) does not apply to an action for medical malpractice.
8669.3.8669.25. (a) Except as otherwise provided in subdivision (b), an emergency service personnel who provides peer support services as a member of a peer support team and has completed a training course described in Section 8669.4 8669.30 and the state, local, or regional public fire agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.
(b) Subdivision (a) does not apply to an action for medical malpractice.
(a)The Office of Emergency Services shall contract with the California Firefighter Joint Apprenticeship Committee to develop and deliver a fire service peer support training course and review and approve existing curriculum that meets the standards established in this article, that a peer support team member shall complete to provide peer support services for firefighters and to be eligible for the protections of this article.
(b)The fire service peer support training course shall be developed in consultation with individuals and organizations knowledgeable about fire service peer support services.
(c)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.
8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).
8669.30. (a) In order to be eligible for the confidentiality protections afforded by this article, each peer support team member shall complete an approved training course or courses on peer support that may include, but are not limited to, the peer support services described in subdivision (f) of Section 8669.15.
(b) For local or regional public fire agencies, the training shall be approved by the California Firefighter Joint Apprenticeship Committee.
(c) The Department of Forestry and Fire Protection, through the Fire Service Training and Education Program, may make available to any local or regional public fire agency that requests it an optional training course or series of courses, utilized and approved by the department that satisfies the requirements described in subdivision (a).
(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding.
(b)Notwithstanding subdivision (a), a crisis hotline or crisis referral service may only disclose confidential information communicated by emergency service personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(c)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.
This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
(a)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. A confidential communication described in this subdivision may only be disclosed if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime, or if the emergency personnel or the legal representative of the emergency service personnel expressly agrees in writing that the communication may be disclosed.
(b)Except as otherwise provided in this section, an emergency service personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service in a civil, administrative, or arbitration proceeding. However, a crisis hotline or crisis referral service may disclose confidential information described in this subdivision if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(c)For purposes of this section the following terms have the following meanings:
(1)Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services.
(2)Crisis referral services include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions.
(3)Critical incident means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.
(4)Critical incident stress means the acute or cumulative psychological stress or trauma that emergency service 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 and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:
(A)Physical and emotional illness.
(B)Failure of usual coping mechanisms.
(C)Loss of interest in the job or normal life activities.
(D)Personality changes.
(E)Loss of ability to function.
(F)Psychological disruption of personal life, including the persons relationship with a spouse, child, or friend.
(5)Emergency service personnel means a firefighter, paramedic, emergency medical technician, or dispatcher employed by the state or a city, county, city and county, district, or other political subdivision of the state.
(6)Peer support services include services provided by a peer support team or a peer support team member to emergency service personnel affected by a critical incident or the accumulation of witnessing multiple incidents. Peer support services assist emergency service personnel affected by a critical incident in coping with critical incident stress or mitigating reactions to critical incident stress to reduce the risk of post-traumatic stress injuries.
(7)Peer support team means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to former Section 8669.4, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee.
(8)Peer support team member means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team.
(d)This article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.
(e)This section shall become operative on January 1, 2025, and shall only apply to communications made by emergency service personnel or a peer support team member, or by emergency service personnel to a crisis hotline or crisis referral service, between January 1, 2020, and January 1, 2025, pursuant to the former Firefighter Peer Support and Crisis Referral Services Pilot Program established pursuant to former Article 21 (commencing with Section 8669) of Chapter 7 of Division 1 of Title 2 of the Government Code.