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AN ACT relating to the mental health of first responders. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 95A.292 is amended to read as follows: 3
(1) The commission shall establish the Alan "Chip" Terry Professional Development 4
and Wellness Program for firefighters and rescue squad members. 5
(2) As used in this section, "rescue squad member" means an individual who is a 6
member of a rescue squad as defined in KRS 39F.010. 7
(3) The program shall: 8
(a) Use seminar-based peer support and counseling services designed to reduce 9
negative mental and behavioral health outcomes; and 10
(b) Be offered to Kentucky professional and volunteer firefighters and rescue 11
squad members in Kentucky at least two (2) times each calendar year. 12
(4)[(3)] On a limited basis, the program may be offered to professional and volunteer 13
firefighters and rescue squad members from states other than Kentucky upon 14
application to and approval by the executive director. However, no Kentucky 15
professional and volunteer firefighters or rescue squad members may be denied 16
admission to the program if professional and volunteer firefighters or rescue squad 17
members from another state are admitted to the program. 18
(5)[(4)] The commission shall promulgate administrative regulations in accordance 19
with KRS Chapter 13A to implement this section. The administrative regulations 20
shall address, at a minimum: 21
(a) The required qualifications and duties of any person used by the commission 22
to implement or administer the program; 23
(b) The curriculum, programming, seminar type, and treatment modalities used in 24
the program; 25
(c) The extent to which a participating firefighter or rescue squad member's 26
[firefighter's ]relatives or friends may participate in seminars; 27 UNOFFICIAL COPY 24 RS HB 212/GA
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(d) The standards by which professional and volunteer firefighters or rescue 1
squad members from other states may be accepted into the program by the 2
executive director; and 3
(e) A protocol for establishing reciprocity for interagency assistance with other 4
state, federal, and tribal professional and volunteer firefighters or rescue 5
squad members in administering the program. 6
(6)[(5)] The commission shall enter into an agreement with the Division of 7
Emergency Management to provide rescue squad members with access to the 8
program. 9
(7) (a) Except as provided in paragraphs (b) and (c) of this subsection, 10
communications, identifying data, and any reports made in the application for 11
or in the course of a firefighter or rescue squad member's[ firefighter's] 12
participation in the program shall be confidential and privileged from 13
disclosure in any civil or criminal proceeding and shall not be subject to 14
discovery, disclosure, or production upon the order or subpoena of a court or 15
other agency with subpoena power, regardless of who possesses them. The 16
participating firefighter or rescue squad member is the holder of the 17
privilege. 18
(b) The commission may use anonymous data for research, statistical analysis, 19
and educational purposes. 20
(c) Any communication making an actual threat of physical violence against a 21
clearly identified or reasonably identifiable victim or an actual threat of some 22
specific violent act may be revealed by the program in order to prevent the 23
commission of any physical violence or violent act using the protocol 24
established in KRS 202A.400. 25
(8)[(6)] (a) There is hereby established in the State Treasury a restricted fund to be 26
known as the professional and volunteer firefighters professional development 27 UNOFFICIAL COPY 24 RS HB 212/GA
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and wellness program fund. 1
(b) The fund shall consist of moneys received from the Firefighters Foundation 2
Program Fund established in KRS 95A.220, grants, gifts, state appropriations, 3
and federal funds. 4
(c) The fund shall be administered by the commission. 5
(d) Amounts deposited in the fund shall be used only for administration of the 6
program. 7
(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a 8
fiscal year shall not lapse but shall be carried forward to the next fiscal year. 9
(f) Any interest earnings of the fund shall become a part of the fund and shall not 10
lapse. 11
(g) Moneys deposited in the fund are hereby appropriated for the purposes set 12
forth in this section and shall not be appropriated or transferred by the General 13
Assembly for any other purposes. 14
(9)[(7)] (a) For the purposes of this subsection, "critical incident" means any event 15
that has a stressful impact sufficient enough to overwhelm a firefighter or 16
rescue squad member's[ firefighter's] usual coping strategies. These events 17
may include: 18
1. A fire or vehicle crash resulting in serious injury or death to a first 19
responder or citizen; 20
2. A firefighter or rescue squad member being the victim of a felonious 21
assault; 22
3. The death of a colleague or partner; 23
4. A death of, or serious injury to, a person in the medical care of the 24
firefighter or rescue squad member; 25
5. The severe injury to, or death of, a child, particularly if the firefighter or 26
rescue squad member has a child of or near the same age; or 27 UNOFFICIAL COPY 24 RS HB 212/GA
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6. An incident involving multiple deaths or injuries in a short amount of 1
time. 2
(b) Any firefighter or rescue squad member involved directly in a critical 3
incident may take up to forty-eight (48) hours of leave immediately following 4
a critical incident. This leave may commence upon: 5
1. The completion of that firefighter or rescue squad 6
member's[firefighter's] shift encompassing the critical incident, or when 7
all necessary administrative procedures relating to a critical incident 8
have been completed; and 9
2. The firefighter or rescue squad member informs his or her supervisor. 10
(c) For regular firefighters, this leave may be unpaid or paid leave. The pay status 11
is to be determined by the firefighter's employment contract, collective labor 12
agreement if any, or by written departmental policy. This subsection shall not 13
be construed to set aside any employment contract, labor agreement, or 14
departmental policies that grant more than forty-eight (48) hours of leave 15
following an officer involved critical incident. 16
(d) For volunteer firefighters, this leave may be unpaid or paid leave. The pay 17
status is to be determined by the firefighter's written departmental policy. 18
(e) For rescue squad members, this leave may be unpaid or paid leave. The pay 19
status is to be determined by a written policy of the Division of Emergency 20
Management. 21
SECTION 2. A NEW SECTION OF KRS CHAPTER 39F IS CREATED TO 22
READ AS FOLLOWS: 23
The division shall enter into an agreement with the Kentucky Fire Commission to 24
provide rescue squad members with access to programs under Section 1 of this Act. 25
Section 3. This Act may be cited as Gavin's Rights. 26