Connecticut 2019 Regular Session

Connecticut House Bill HB07394 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 7394
	8	+	January Session, 2019
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4		-	Substitute House Bill No. 7394
5		-
6		-	Public Act No. 19-188
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9	14		AN ACT CONCERNING TH E PROTECTION OF CONF IDENTIAL
10		-	COMMUNICATIONS BETWE EN A FIRST RESPONDER AND A
11		-	~~PEER~~ SUPPORT TEAM ~~ME MBER~~.
	15	+	COMMUNICATIONS BETWE EN A FIRST RESPONDER AND A PEER
	16	+	SUPPORT TEAM MEMBER.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
14	19
15		-	Section 1. (NEW) (Effective October 1, 2019) (a) As used in this
16		-	section:
17		-	(1) "Peer support team member" means any person engaged in
18		-	directing or staffing any peer support program established by an
19		-	employer for the benefit of an employee who is a first responder;
20		-	(2) "First responder" means: Any peace officer, as defined in section
21		-	53a-3 of the general statutes; any firefighter, as defined in section 7-
22		-	313g of the general statutes; any person employed as a firefighter by a
23		-	private employer, any ambulance driver, emergency medical
24		-	responder, emergency medical technician, advanced emergency
25		-	medical technician or paramedic, as defined in section 19a-175 of the
26		-	general statutes; and any telecommunicator, as defined in section 28-30
27		-	of the general statutes; and
28		-	(3) "Confidential communications" means all oral and written
29		-	communications transmitted in confidence between a first responder
30		-	and a peer support team member in the course of participation in an Substitute House Bill No. 7394
	20	+	Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
	21	+	section: 2
	22	+	(1) "Peer support team member" means any person engaged in 3
	23	+	directing or staffing any peer support program established by an 4
	24	+	employer for the benefit of an employee who is a first responder; 5
	25	+	(2) "First responder" means: Any peace officer, as defined in section 6
	26	+	53a-3 of the general statutes; any firefighter, as defined in section 7-7
	27	+	313g of the general statutes; any ambulance driver, emergency medical 8
	28	+	responder, emergency medical technician, advanced emergency 9
	29	+	medical technician or paramedic, as defined in section 19a-175 of the 10
	30	+	general statutes; and any telecommunicator, as defined in section 28-30 11
	31	+	of the general statutes; and 12
	32	+	(3) "Confidential communications" means all oral and written 13
	33	+	communications transmitted in confidence between a first responder 14
	34	+	and a peer support team member in the course of participation in an 15
	35	+	employer established peer support program and all records prepared 16
	36	+	by a peer support team member related to such first responder's 17 Substitute Bill No. 7394
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32		-	Public Act No. 19-188 2 of 2
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34		-	employer established peer support program and all records prepared
35		-	by a peer support team member related to such first responder's
36		-	participation in such program.
37		-	(b) Except as provided in subsection (d) of this section, and unless
38		-	the first responder making the confidential communication waives the
39		-	privilege, no peer support team member shall disclose any confidential
40		-	communications (1) to any third person, other than a person to whom
41		-	disclosure is reasonably necessary for the accomplishment of the
42		-	purposes for which such member is consulted, (2) in any civil or
43		-	criminal case or proceeding, or (3) in any legislative or administrative
44		-	proceeding.
45		-	(c) No person in any civil or criminal case or proceeding or in any
46		-	legislative or administrative proceeding may request or require
47		-	information from any first responder relating to the first responder's
48		-	participation in a peer support program, including whether or not
49		-	such first responder at any time participated in such peer support
50		-	program.
51		-	(d) Consent of a first responder shall not be required for the
52		-	disclosure of such first responder's confidential communications:
53		-	(1) Where mandated by any other provision of the general statutes;
54		-	(2) Where a peer support team member believes in good faith that
55		-	the failure to disclose such confidential communications presents a
56		-	clear and present danger to any individual, including the first
57		-	responder; and
58		-	(3) Where the peer support team member was a witness or party to
59		-	an incident that resulted in the delivery of peer support services to the
60		-	first responder.
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	43	+	participation in such program. 18
	44	+	(b) Except as provided in subsection (d) of this section, and unless 19
	45	+	the first responder making the confidential communication waives the 20
	46	+	privilege, no peer support team member shall disclose any confidential 21
	47	+	communications (1) to any third person, other than a person to whom 22
	48	+	disclosure is reasonably necessary for the accomplishment of the 23
	49	+	purposes for which such member is consulted, (2) in any civil or 24
	50	+	criminal case or proceeding, or (3) in any legislative or administrative 25
	51	+	proceeding. 26
	52	+	(c) No person in any civil or criminal case or proceeding or in any 27
	53	+	legislative or administrative proceeding may request or require 28
	54	+	information from any first responder relating to the first responder's 29
	55	+	participation in a peer support program, including whether or not 30
	56	+	such first responder at any time participated in such peer support 31
	57	+	program. 32
	58	+	(d) Consent of a first responder shall not be required for the 33
	59	+	disclosure of such first responder's confidential communications: 34
	60	+	(1) Where mandated by any other provision of the general statutes; 35
	61	+	(2) Where a peer support team member believes in good faith that 36
	62	+	the failure to disclose such confidential communications presents a 37
	63	+	clear and present danger to any individual, including the first 38
	64	+	responder; and 39
	65	+	(3) Where the peer support team member was a witness or party to 40
	66	+	an incident that resulted in the delivery of peer support services to the 41
	67	+	first responder. 42
	68	+	This act shall take effect as follows and shall amend the following
	69	+	sections:
	70	+
	71	+	Section 1 October 1, 2019 New section Substitute Bill No. 7394
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	79	+	Statement of Legislative Commissioners:
	80	+	In Section 1(a)(3), "in the course of the relationship with a first
	81	+	responder" was changed to "related to such first responder's
	82	+	participation in such program" for clarity; and the provisions of
	83	+	Section (1)(b) were restructured for clarity.
	84	+
	85	+	JUD Joint Favorable Subst.
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