California 2023-2024 Regular Session

California Assembly Bill AB1843 Compare Versions

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1-Assembly Bill No. 1843 CHAPTER 943An act to add Chapter 12.5 (commencing with Section 1799.300) to Division 2.5 of the Health and Safety Code, relating to private employment. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 1843, Rodriguez. Emergency ambulance employees.Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year.This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employees request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 12.5 (commencing with Section 1799.300) is added to Division 2.5 of the Health and Safety Code, to read: CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course. 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
1+Enrolled September 05, 2024 Passed IN Senate August 31, 2024 Passed IN Assembly August 31, 2024 Amended IN Senate August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate August 19, 2024 Amended IN Senate June 27, 2024 Amended IN Senate June 24, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly March 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1843Introduced by Assembly Member Rodriguez(Principal coauthor: Assembly Member Cervantes)January 16, 2024An act to add Chapter 12.5 (commencing with Section 1799.300) to Division 2.5 of the Health and Safety Code, relating to private employment.LEGISLATIVE COUNSEL'S DIGESTAB 1843, Rodriguez. Emergency ambulance employees.Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year.This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employees request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 12.5 (commencing with Section 1799.300) is added to Division 2.5 of the Health and Safety Code, to read: CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course. 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
22
3- Assembly Bill No. 1843 CHAPTER 943An act to add Chapter 12.5 (commencing with Section 1799.300) to Division 2.5 of the Health and Safety Code, relating to private employment. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 1843, Rodriguez. Emergency ambulance employees.Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year.This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employees request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled September 05, 2024 Passed IN Senate August 31, 2024 Passed IN Assembly August 31, 2024 Amended IN Senate August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate August 19, 2024 Amended IN Senate June 27, 2024 Amended IN Senate June 24, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly March 06, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1843Introduced by Assembly Member Rodriguez(Principal coauthor: Assembly Member Cervantes)January 16, 2024An act to add Chapter 12.5 (commencing with Section 1799.300) to Division 2.5 of the Health and Safety Code, relating to private employment.LEGISLATIVE COUNSEL'S DIGESTAB 1843, Rodriguez. Emergency ambulance employees.Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year.This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employees request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
44
5- Assembly Bill No. 1843 CHAPTER 943
5+ Enrolled September 05, 2024 Passed IN Senate August 31, 2024 Passed IN Assembly August 31, 2024 Amended IN Senate August 28, 2024 Amended IN Senate August 23, 2024 Amended IN Senate August 19, 2024 Amended IN Senate June 27, 2024 Amended IN Senate June 24, 2024 Amended IN Assembly May 16, 2024 Amended IN Assembly March 06, 2024
66
7- Assembly Bill No. 1843
7+Enrolled September 05, 2024
8+Passed IN Senate August 31, 2024
9+Passed IN Assembly August 31, 2024
10+Amended IN Senate August 28, 2024
11+Amended IN Senate August 23, 2024
12+Amended IN Senate August 19, 2024
13+Amended IN Senate June 27, 2024
14+Amended IN Senate June 24, 2024
15+Amended IN Assembly May 16, 2024
16+Amended IN Assembly March 06, 2024
817
9- CHAPTER 943
18+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
19+
20+ Assembly Bill
21+
22+No. 1843
23+
24+Introduced by Assembly Member Rodriguez(Principal coauthor: Assembly Member Cervantes)January 16, 2024
25+
26+Introduced by Assembly Member Rodriguez(Principal coauthor: Assembly Member Cervantes)
27+January 16, 2024
1028
1129 An act to add Chapter 12.5 (commencing with Section 1799.300) to Division 2.5 of the Health and Safety Code, relating to private employment.
12-
13- [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ]
1430
1531 LEGISLATIVE COUNSEL'S DIGEST
1632
1733 ## LEGISLATIVE COUNSEL'S DIGEST
1834
1935 AB 1843, Rodriguez. Emergency ambulance employees.
2036
2137 Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year.This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employees request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice.
2238
2339 Under the Emergency Ambulance Employee Safety and Preparedness Act, an initiative measure enacted by the voters as Proposition 11 at the November 6, 2018, statewide general election, every emergency ambulance employee is entitled to employer-paid mental health services through an employee assistance program (EAP), and requires the EAP coverage to provide up to 10 mental health treatments per issue per calendar year.
2440
2541 This bill would require an emergency ambulance provider, as defined, to offer to all emergency ambulance employees, upon the employees request, peer support services to provide peer representatives who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The bill would require a peer support program to be implemented through a labor-management agreement negotiated separately from a collective bargaining agreement covering affected emergency ambulance employees. This bill would specify conditions under which prescribed confidential communications between an emergency ambulance employee and a peer support team member may be disclosed. The bill would specify that an emergency ambulance employee who provides peer support services as a member of a peer support team, and the ambulance agency that employs them, shall not be liable for damages unless an act, error, or omission in performing peer support services constitutes gross negligence or intentional misconduct, except for an action for medical malpractice.
2642
2743 ## Digest Key
2844
2945 ## Bill Text
3046
3147 The people of the State of California do enact as follows:SECTION 1. Chapter 12.5 (commencing with Section 1799.300) is added to Division 2.5 of the Health and Safety Code, to read: CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course. 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
3248
3349 The people of the State of California do enact as follows:
3450
3551 ## The people of the State of California do enact as follows:
3652
3753 SECTION 1. Chapter 12.5 (commencing with Section 1799.300) is added to Division 2.5 of the Health and Safety Code, to read: CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course. 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
3854
3955 SECTION 1. Chapter 12.5 (commencing with Section 1799.300) is added to Division 2.5 of the Health and Safety Code, to read:
4056
4157 ### SECTION 1.
4258
4359 CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course. 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
4460
4561 CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course. 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
4662
4763 CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees
4864
4965 CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees
5066
5167 1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.(b) For purposes of this chapter, the following definitions apply:(1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.(2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.(3) Critical incident means an 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 ambulance 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 their relationship with a spouse, child, or friend. (5) Emergency ambulance employee means a person who meets both of the following requirements:(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.(B) Is employed by an emergency ambulance provider.(6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).(A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:(i) The provider operates emergency medical services aircraft.(ii) The provider does not operate any ground ambulance services.(B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.(C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.(7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.(8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:(A) Precrisis education.(B) Critical incident stress defusings.(C) Critical incident stress debriefings.(D) On-scene support services.(E) One-on-one support services.(F) Consultation.(G) Referral services.(H) Confidentiality obligations.(I) The impact of toxic stress on health and well-being.(J) Grief support.(K) Substance abuse awareness and approaches.(L) Active listening skills.(M) Psychological first aid.(9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.(10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course.
5268
5369
5470
5571 1799.300. (a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employees request, peer support services. The services shall provide peer representatives, reflective of the providers 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. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.
5672
5773 (b) For purposes of this chapter, the following definitions apply:
5874
5975 (1) Confidential communication means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, 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 ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services 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. Confidential communication does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employees intent to defraud or deceive an investigation into a critical incident.
6076
6177 (2) Crisis referral services include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. 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.
6278
6379 (3) Critical incident means an event or situation that involves crisis, disaster, trauma, or emergency.
6480
6581 (4) Critical incident stress means the acute or cumulative psychological stress or trauma that emergency ambulance 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:
6682
6783 (A) Physical and emotional illness.
6884
6985 (B) Failure of usual coping mechanisms.
7086
7187 (C) Loss of interest in the job or normal life activities.
7288
7389 (D) Personality changes.
7490
7591 (E) Loss of ability to function.
7692
7793 (F) Psychological disruption of personal life, including their relationship with a spouse, child, or friend.
7894
7995 (5) Emergency ambulance employee means a person who meets both of the following requirements:
8096
8197 (A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.
8298
8399 (B) Is employed by an emergency ambulance provider.
84100
85101 (6) Emergency ambulance provider means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).
86102
87103 (A) Emergency ambulance provider does not include a provider that satisfies both of the following criteria:
88104
89105 (i) The provider operates emergency medical services aircraft.
90106
91107 (ii) The provider does not operate any ground ambulance services.
92108
93109 (B) For purposes of this paragraph, emergency medical services aircraft includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.
94110
95111 (C) For purposes of this paragraph, ground ambulance services means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.
96112
97113 (7) Peer support program means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.
98114
99115 (8) Peer support services means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:
100116
101117 (A) Precrisis education.
102118
103119 (B) Critical incident stress defusings.
104120
105121 (C) Critical incident stress debriefings.
106122
107123 (D) On-scene support services.
108124
109125 (E) One-on-one support services.
110126
111127 (F) Consultation.
112128
113129 (G) Referral services.
114130
115131 (H) Confidentiality obligations.
116132
117133 (I) The impact of toxic stress on health and well-being.
118134
119135 (J) Grief support.
120136
121137 (K) Substance abuse awareness and approaches.
122138
123139 (L) Active listening skills.
124140
125141 (M) Psychological first aid.
126142
127143 (9) Peer support team means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.
128144
129145 (10) Peer support team member means an emergency ambulance employee who has completed an approved peer support training course.
130146
131147 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:(1) Program structure and administration.(2) Selection and training of peer support team members.(3) Peer support operations.(4) Program evaluation, monitoring, and continuous improvement.(5) Funding.(6) Dispute resolution and program amendments.(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.
132148
133149
134150
135151 1799.301. (a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:
136152
137153 (1) Program structure and administration.
138154
139155 (2) Selection and training of peer support team members.
140156
141157 (3) Peer support operations.
142158
143159 (4) Program evaluation, monitoring, and continuous improvement.
144160
145161 (5) Funding.
146162
147163 (6) Dispute resolution and program amendments.
148164
149165 (b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.
150166
151167 1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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 confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee 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, crisis hotline, or crisis referral service 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 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 disclosure is made pursuant to a court order in a civil proceeding.(5) In a criminal proceeding.(6) If otherwise required by law. (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).
152168
153169
154170
155171 1799.302. (a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member 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.
156172
157173 (b) Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:
158174
159175 (1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee with, another member of the peer support team or a peer support team clinician associated with the peer support team.
160176
161177 (2) The peer support team member, crisis hotline, or crisis referral service reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
162178
163179 (3) The peer support team member reasonably believes that disclosure is necessary pursuant to 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.
164180
165181 (4) The disclosure is made pursuant to a court order in a civil proceeding.
166182
167183 (5) In a criminal proceeding.
168184
169185 (6) If otherwise required by law.
170186
171187 (7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.
172188
173189 (c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).
174190
175191 1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.
176192
177193
178194
179195 1799.303. (a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance 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.
180196
181197 (b) Subdivision (a) does not apply to an action for medical malpractice.
182198
183199 (c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individuals relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.
184200
185201 (d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.
186202
187203 (e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.
188204
189205 1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:(a) Precrisis education.(b) Critical incident stress defusings.(c) Critical incident stress debriefings.(d) On-scene support services.(e) One-on-one support services.(f) Consultation.(g) Referral services.(h) Confidentiality obligations.(i) The impact of toxic stress on health and well-being.(j) Grief support.(k) Substance abuse awareness and approaches.(l) Active listening skills.(m) Stress management.(n) Psychological first aid.
190206
191207
192208
193209 1799.304. To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:
194210
195211 (a) Precrisis education.
196212
197213 (b) Critical incident stress defusings.
198214
199215 (c) Critical incident stress debriefings.
200216
201217 (d) On-scene support services.
202218
203219 (e) One-on-one support services.
204220
205221 (f) Consultation.
206222
207223 (g) Referral services.
208224
209225 (h) Confidentiality obligations.
210226
211227 (i) The impact of toxic stress on health and well-being.
212228
213229 (j) Grief support.
214230
215231 (k) Substance abuse awareness and approaches.
216232
217233 (l) Active listening skills.
218234
219235 (m) Stress management.
220236
221237 (n) Psychological first aid.