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HOUSE DOCKET, NO. 3039 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2668
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul McMurtry
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act ensuring confidentiality for emergency service providers.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/16/2025Sally P. Kerans13th Essex2/10/2025 1 of 5
HOUSE DOCKET, NO. 3039 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2668
By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2668) of
Paul McMurtry and Sally P. Kerans relative to crisis intervention services for emergency service
provider. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act ensuring confidentiality for emergency service providers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 233 of the General Laws is hereby amended by striking section
220O and interesting the following section in its place:-
3 Section 20O: (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 ''Certified emergency service provider'', an emergency service provider certified by the
6Massachusetts Peer Support Network or International Critical Incident Stress Foundation, Inc.
7 “Confidential Information”, is information transmitted in confidence by and between an
8emergency service provider and a certified emergency service provider or licensed mental health
9professional during the course of a critical incident stress management session by a means which
10does not disclose the information to a person other than a person or persons participating in the
11critical incident stress management session with the emergency service provider. The term 2 of 5
12includes all information received by the certified emergency service provider or licensed mental
13health professional during the critical incident stress management session.
14 ''Crisis intervention'', immediate short-term psychological care provided by a certified
15emergency service provider providing critical incident stress management to an emergency
16service provider after said emergency service provider's response to a critical incident.
17 ''Crisis intervention services'', consultation, counseling, debriefing, defusing, intervention
18services, prevention or referral.
19 ''Critical incident'', an event resulting in psychological stress or trauma to an emergency
20service provider as a result of said emergency service provider's response to the incident.
21 ''Critical incident stress management'', a program designed to assist an emergency service
22provider in coping with the psychological stress or trauma resulting from said emergency service
23providers response to a critical incident.
24 ''Emergency service provider'', an active or retired law enforcement officer, police officer,
25state police trooper, sheriff or deputy sheriffs, firefighter, or emergency medical personnel.
26 ''Secretary'', the secretary of the executive office of public safety and homeland security.
27 (b) Information provided by an emergency service provider to a certified emergency
28service provider or licensed mental health professional as part of crisis intervention services
29provided by the certified emergency service provider or licensed mental health professional to
30the emergency service provider either individually or as part of a group shall be confidential and
31shall not be disclosed to a third party, except as provided by subsection (e). 3 of 5
32 (c) An emergency service provider has a privilege to refuse to disclose, and to prevent
33others from disclosing, confidential communications made during a critical incident stress
34management session for the purpose of lessening the impact of an event, accelerating their own
35normal coping abilities, and helping to prevent the development of post-traumatic stress disorder,
36as follows:
37 (1) between the emergency service provider and the certified emergency service provider
38or licensed mental health professional
39 (2) between other emergency service providers participating in a group critical incident
40stress management session and the certified emergency service provider or licensed mental
41health professional.
42 (d) The privilege may be claimed by the emergency service provider, the emergency
43service provider’s guardian or conservator, or the personal representative of a deceased
44emergency service provider as the case may be at the time the privilege is claimed.
45 (e) Subsection (b) shall not apply to information provided by an emergency service
46provider to a certified emergency service provider or licensed mental health professional as part
47of crisis intervention services provided by the certified emergency service provider or licensed
48mental health professional to the emergency service provider if:
49 (i) the certified emergency service provider or licensed mental health professional
50providing crisis intervention services has reasonable cause to believe that the emergency service
51provider receiving the crisis intervention services is in need of treatment in a hospital for mental
52or emotional illness or that there is a threat of imminently dangerous activity by the emergency 4 of 5
53service provider receiving the crisis intervention services against himself or herself or another
54person;
55 (ii) the certified emergency service provider or licensed mental health professional
56providing crisis intervention services has reasonable cause to believe that the emergency service
57provider receiving the crisis intervention services has engaged in conduct required to be reported
58pursuant to section 51A of chapter 119;
59 (iii) the certified emergency service provider or licensed mental health professional
60providing crisis intervention services has reasonable cause to believe that the emergency service
61provider receiving the crisis intervention services has engaged in conduct in violation of any
62federal or state law;
63 (iv) the certified emergency service provider or licensed mental health professional
64providing crisis intervention services has reasonable cause to believe that the emergency service
65provider receiving the crisis intervention services has admitted to criminal conduct;
66 (v) the certified emergency service provider or licensed mental health professional
67providing crisis intervention services has reasonable cause to believe that the emergency service
68provider receiving the crisis intervention services has admitted to conduct that constitutes a
69violation of the laws that are normally enforced by the entity for which the emergency service
70provider receiving the crisis intervention services is employed;
71 (vi) the certified emergency service provider or licensed mental health professional
72providing crisis intervention services was an initial emergency service responder, a witness, or a
73party to the critical incident that prompted an emergency service provider to engage in crises
74intervention services; or 5 of 5
75 (vii) the emergency service provider receiving the crisis intervention services waives
76confidentiality and gives express consent for the certified emergency service provider or licensed
77mental health professional to testify or the emergency service provider receiving the crisis
78intervention services otherwise divulges information related to such services to any third party.
79 (f) An emergency service provider who provides crisis intervention services to
80emergency service providers pursuant to this section shall: (i) be certified by the Massachusetts
81Peer
82 Support Network or International Critical Incident Stress Foundation, Inc.; (ii) provide
83documentation of such certification to their employer; and (iii) annually provide their employer
84with proof of such certification.
85 An entity employing a certified emergency service provider shall maintain the
86documentation provided by the employee under this subsection of the employee's certification by
87the Massachusetts Peer Support Network or the International Critical Incident Stress Foundation,
88Inc. Such documentation shall be made available at the request of the secretary.
89 (g) If an entity employing a certified emergency service provider determines that an
90employee has violated this section, the entity shall promptly notify in writing the Massachusetts
91Peer Support Network and or the International Critical Incident Stress Foundation, Inc. of the
92violation. An employee that violates this section shall be considered decertified and shall not be
93eligible to provide crisis intervention services as a certified emergency service provider for a
94period of 5 years.