CHAPTER 94
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CHAPTER 94
( HB 562 )
AN ACT relating to first responders.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 15.518 is amended to read as follows:
(1) As used in this section, unless the context requires otherwise:
(a) "Commissioner" means the commissioner of the department;
(b) "Department" means the Department of Criminal Justice Training of the Justice and Public Safety
Cabinet;
(c) "Fund" means the Law Enforcement Professional Development and Wellness Program fund established
in subsection (8) of this section; and
(d) "Program" means the Law Enforcement Professional Development and Wellness Program established
in this section.
(2) The department shall develop a Law Enforcement Professional Development and Wellness Program.
(3) The program shall use seminar-based peer support and counseling services designed to reduce negative mental
and behavioral health outcomes.
(4) The program shall be offered to Kentucky law enforcement officers at least two (2) times each calendar year.
(5) On a limited basis, the program may be offered to law enforcement officers from states other than Kentucky
upon application to and approval by the commissioner. However, no Kentucky law enforcement officers may
be denied admission to the program if law enforcement officers from another state are admitted to the
program.
(6) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to
implement this section. The administrative regulations shall address, at a minimum:
(a) The required qualifications and duties of any person used by the department to implement or administer
the program;
(b) The curriculum, programming, seminar type, and treatment modalities used in the program;
(c) The extent to which a participating officer's relatives or friends may participate in seminars;
(d) The standards by which law enforcement officers from other states may be accepted into the program
by the commissioner; and
(e) A protocol for establishing reciprocity for interagency assistance with other state, federal, and tribal law
enforcement agencies and officers in administering the program.
(7) (a) Except as provided in paragraphs (b) and (c) of this subsection, communications, identifying data, and
any reports made in the application for or in the course of an officer's participation in the program shall
be confidential and privileged from disclosure in any civil or criminal proceeding and shall not be
subject to discovery, disclosure, or production upon the order or subpoena of a court or other agency
with subpoena power, regardless of who possesses them. The participating officer is the holder of the
privilege.
(b) The department may use anonymous data for research, statistical analysis, and educational purposes.
(c) Any communication making an actual threat of physical violence against a clearly identified or
reasonably identifiable victim or an actual threat of some specific violent act may be revealed by the
program in order to prevent the commission of any physical violence or violent act using the protocol
established in KRS 202A.400.
(8) (a) There is hereby established in the State Treasury a restricted fund to be known as the Law Enforcement
Professional Development and Wellness Program fund. ACTS OF THE GENERAL ASSEMBLY 2
(b) The fund shall consist of moneys received from the Kentucky Law Enforcement Foundation Program
fund established in KRS 15.430, grants, gifts, state appropriations, and federal funds.
(c) The fund shall be administered by the department.
(d) Amounts deposited in the fund shall be used only for administration of the program.
(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse
but shall be carried forward to the next fiscal year.
(f) Any interest earnings of the fund shall become a part of the fund and shall not lapse.
(g) Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall
not be appropriated or transferred by the General Assembly for any other purposes.
(9) (a) For the purposes of this subsection, "critical incident" means any event that has a stressful impact
sufficient enough to overwhelm a peace officer's usual coping strategies. These events may include:
1. An officer-involved shooting;
2. A vehicle crash resulting in serious injury or death to an officer or citizen;
3. An officer being the victim of a felonious assault;
4. The death of a colleague or partner;
5. The death of, or serious injury to, a person in the custody of the officer;
6. The severe injury to, or death of, a child, particularly if the officer has a child of or near the
same age; or
7. An incident involving multiple deaths or injuries in a short amount of time.
(b) Any peace officer involved directly in a critical incident may take up to forty-eight (48) hours of leave
immediately following a critical incident. This leave may commence upon:
1. The completion of that peace officer's shift encompassing the critical incident, or when all
necessary administrative procedures relating to a critical incident have been completed; and
2. The officer informs his or her supervisor.
(c) This leave may be unpaid or paid leave. The pay status is to be determined by the officer's
employment contract, collective labor agreement if any, or by written departmental policy.
(d) This subsection shall not be construed to set aside any employment contract, labor agreement, or
departmental policies that grant more than forty-eight (48) hours of leave following an officer
involved critical incident.
Section 2. KRS 95A.292 is amended to read as follows:
(1) The commission shall establish the Alan "Chip" Terry Professional Development and Wellness Program for
firefighters.
(2) The program shall:
(a) Use seminar-based peer support and counseling services designed to reduce negative mental and
behavioral health outcomes; and
(b) Be offered to Kentucky professional and volunteer firefighters in Kentucky at least two (2) times each
calendar year.
(3) On a limited basis, the program may be offered to professional and volunteer firefighters from states other than
Kentucky upon application to and approval by the executive director. However, no Kentucky professional and
volunteer firefighters may be denied admission to the program if professional and volunteer firefighters from
another state are admitted to the program.
(4) The commission shall promulgate administrative regulations in accordance with KRS Chapter 13A to
implement this section. The administrative regulations shall address, at a minimum:
(a) The required qualifications and duties of any person used by the commission to implement or
administer the program; CHAPTER 94
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(b) The curriculum, programming, seminar type, and treatment modalities used in the program;
(c) The extent to which a participating firefighter's relatives or friends may participate in seminars;
(d) The standards by which professional and volunteer firefighters from other states may be accepted into
the program by the executive director; and
(e) A protocol for establishing reciprocity for interagency assistance with other state, federal, and tribal
professional and volunteer firefighters in administering the program.
(5) (a) Except as provided in paragraphs (b) and (c) of this subsection, communications, identifying data, and
any reports made in the application for or in the course of a firefighter's participation in the program
shall be confidential and privileged from disclosure in any civil or criminal proceeding and shall not be
subject to discovery, disclosure, or production upon the order or subpoena of a court or other agency
with subpoena power, regardless of who possesses them. The participating firefighter is the holder of
the privilege.
(b) The commission may use anonymous data for research, statistical analysis, and educational purposes.
(c) Any communication making an actual threat of physical violence against a clearly identified or
reasonably identifiable victim or an actual threat of some specific violent act may be revealed by the
program in order to prevent the commission of any physical violence or violent act using the protocol
established in KRS 202A.400.
(6) (a) There is hereby established in the State Treasury a restricted fund to be known as the professional and
volunteer firefighters professional development and wellness program fund.
(b) The fund shall consist of moneys received from the Firefighters Foundation Program Fund established
in KRS 95A.220, grants, gifts, state appropriations, and federal funds.
(c) The fund shall be administered by the commission.
(d) Amounts deposited in the fund shall be used only for administration of the program.
(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse
but shall be carried forward to the next fiscal year.
(f) Any interest earnings of the fund shall become a part of the fund and shall not lapse.
(g) Moneys deposited in the fund are hereby appropriated for the purposes set forth in this section and shall
not be appropriated or transferred by the General Assembly for any other purposes.
(7) (a) For the purposes of this subsection, "critical incident" means any event that has a stressful impact
sufficient enough to overwhelm a firefighter's usual coping strategies. These events may include:
1. A fire or vehicle crash resulting in serious injury or death to a first responder or citizen;
2. A firefighter being the victim of a felonious assault;
3. The death of a colleague or partner;
4. A death of, or serious injury to, a person in the medical care of the firefighter;
5. The severe injury to, or death of, a child, particularly if the firefighter has a child of or near
the same age; or
6. An incident involving multiple deaths or injuries in a short amount of time.
(b) Any firefighter involved directly in a critical incident may take up to forty-eight (48) hours of leave
immediately following a critical incident. This leave may commence upon:
1. The completion of that firefighter's shift encompassing the critical incident, or when all
necessary administrative procedures relating to a critical incident have been completed; and
2. The firefighter informs his or her supervisor.
(c) For regular firefighters, this leave may be unpaid or paid leave. The pay status is to be determined by
the firefighter's employment contract, collective labor agreement if any, or by written departmental
policy. This subsection shall not be construed to set aside any employment contract, labor agreement, ACTS OF THE GENERAL ASSEMBLY 4
or departmental policies that grant more than forty-eight (48) hours of leave following an officer
involved critical incident.
(d) For volunteer firefighters, this leave may be unpaid or paid leave. The pay status is to be determined
by the firefighter's written departmental policy.
Section 3. KRS 337.100 is amended to read as follows:
(1) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency
medical technician, peace officer, or a member of an emergency management agency because that employee,
when acting as a volunteer firefighter, rescue squad member, emergency medical technician, peace officer, or
a member of an emergency management agency, is absent or late to the employee's employment in order to
respond to an emergency prior to the time the employee is to report to his or her place of employment.
(2) No employer shall terminate an employee who is a volunteer firefighter, rescue squad member, emergency
medical technician, peace officer, or a member of an emergency management agency because that
employee, when acting as a volunteer firefighter, rescue squad member, emergency medical technician,
peace officer, or a member of an emergency management agency, takes leave following a critical incident
pursuant to Sections 1 and 2 of this Act.
(3)[(2)] An employer may charge any time that an employee who is a volunteer firefighter, rescue squad
member, emergency medical technician, peace officer, or a member of an emergency management agency
loses from employment because of the employee's response to an emergency against the employee's regular
pay.
(4)[(3)] An employer may request an employee who loses time from the employee's employment to respond to
an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the
volunteer fire department, rescue squad, emergency medical services agency, law enforcement agency, or the
director of the emergency management agency stating that the employee responded to an emergency and
listing the time and date of the emergency.
(5)[(4)] No employer shall terminate an employee who is a volunteer firefighter, rescue squad member,
emergency medical technician, peace officer, or member of an emergency management agency who is absent
for a period of no more than twelve (12) months from the employee's employment because of injuries incurred
in the line of duty. The volunteer firefighter, rescue squad member, emergency medical technician, peace
officer, or member of an emergency management agency shall provide, at the request of his or her employer:
(a) A written statement from the supervisor, acting supervisor, or director of the volunteer fire department,
rescue squad, emergency medical services agency, law enforcement agency, or emergency management
agency under whose command the employee was on active duty and on assignment with that fire
department, rescue squad, emergency medical services agency, law enforcement agency, or emergency
management agency when the injury occurred; and
(b) A written statement from at least one (1) licensed and practicing physician stating that the volunteer
firefighter, rescue squad member, emergency medical technician, peace officer, or member of an
emergency management agency is injured and a date for the employee's return to work.
(6)[(5)] Any employee that is terminated in violation of the provisions of this section may bring a civil action
against his or her employer. The employee may seek reinstatement to the employee's former position, payment
of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of
seniority rights. In order to recover, the employee shall file this action within one (1) year of the date of the
violation of this section.
Signed by Governor April 8, 2022.