Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2668 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3039 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2668
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul McMurtry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act ensuring confidentiality for emergency service providers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/16/2025Sally P. Kerans13th Essex2/10/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3039 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2668
18	18	By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2668) of
19	19	Paul McMurtry and Sally P. Kerans relative to crisis intervention services for emergency service
20	20	provider. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act ensuring confidentiality for emergency service providers.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 233 of the General Laws is hereby amended by striking section
30	30	220O and interesting the following section in its place:-
31	31	3 Section 20O: (a) As used in this section, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:-
33	33	5 ''Certified emergency service provider'', an emergency service provider certified by the
34	34	6Massachusetts Peer Support Network or International Critical Incident Stress Foundation, Inc.
35	35	7 “Confidential Information”, is information transmitted in confidence by and between an
36	36	8emergency service provider and a certified emergency service provider or licensed mental health
37	37	9professional during the course of a critical incident stress management session by a means which
38	38	10does not disclose the information to a person other than a person or persons participating in the
39	39	11critical incident stress management session with the emergency service provider. The term 2 of 5
40	40	12includes all information received by the certified emergency service provider or licensed mental
41	41	13health professional during the critical incident stress management session.
42	42	14 ''Crisis intervention'', immediate short-term psychological care provided by a certified
43	43	15emergency service provider providing critical incident stress management to an emergency
44	44	16service provider after said emergency service provider's response to a critical incident.
45	45	17 ''Crisis intervention services'', consultation, counseling, debriefing, defusing, intervention
46	46	18services, prevention or referral.
47	47	19 ''Critical incident'', an event resulting in psychological stress or trauma to an emergency
48	48	20service provider as a result of said emergency service provider's response to the incident.
49	49	21 ''Critical incident stress management'', a program designed to assist an emergency service
50	50	22provider in coping with the psychological stress or trauma resulting from said emergency service
51	51	23providers response to a critical incident.
52	52	24 ''Emergency service provider'', an active or retired law enforcement officer, police officer,
53	53	25state police trooper, sheriff or deputy sheriffs, firefighter, or emergency medical personnel.
54	54	26 ''Secretary'', the secretary of the executive office of public safety and homeland security.
55	55	27 (b) Information provided by an emergency service provider to a certified emergency
56	56	28service provider or licensed mental health professional as part of crisis intervention services
57	57	29provided by the certified emergency service provider or licensed mental health professional to
58	58	30the emergency service provider either individually or as part of a group shall be confidential and
59	59	31shall not be disclosed to a third party, except as provided by subsection (e). 3 of 5
60	60	32 (c) An emergency service provider has a privilege to refuse to disclose, and to prevent
61	61	33others from disclosing, confidential communications made during a critical incident stress
62	62	34management session for the purpose of lessening the impact of an event, accelerating their own
63	63	35normal coping abilities, and helping to prevent the development of post-traumatic stress disorder,
64	64	36as follows:
65	65	37 (1) between the emergency service provider and the certified emergency service provider
66	66	38or licensed mental health professional
67	67	39 (2) between other emergency service providers participating in a group critical incident
68	68	40stress management session and the certified emergency service provider or licensed mental
69	69	41health professional.
70	70	42 (d) The privilege may be claimed by the emergency service provider, the emergency
71	71	43service provider’s guardian or conservator, or the personal representative of a deceased
72	72	44emergency service provider as the case may be at the time the privilege is claimed.
73	73	45 (e) Subsection (b) shall not apply to information provided by an emergency service
74	74	46provider to a certified emergency service provider or licensed mental health professional as part
75	75	47of crisis intervention services provided by the certified emergency service provider or licensed
76	76	48mental health professional to the emergency service provider if:
77	77	49 (i) the certified emergency service provider or licensed mental health professional
78	78	50providing crisis intervention services has reasonable cause to believe that the emergency service
79	79	51provider receiving the crisis intervention services is in need of treatment in a hospital for mental
80	80	52or emotional illness or that there is a threat of imminently dangerous activity by the emergency 4 of 5
81	81	53service provider receiving the crisis intervention services against himself or herself or another
82	82	54person;
83	83	55 (ii) the certified emergency service provider or licensed mental health professional
84	84	56providing crisis intervention services has reasonable cause to believe that the emergency service
85	85	57provider receiving the crisis intervention services has engaged in conduct required to be reported
86	86	58pursuant to section 51A of chapter 119;
87	87	59 (iii) the certified emergency service provider or licensed mental health professional
88	88	60providing crisis intervention services has reasonable cause to believe that the emergency service
89	89	61provider receiving the crisis intervention services has engaged in conduct in violation of any
90	90	62federal or state law;
91	91	63 (iv) the certified emergency service provider or licensed mental health professional
92	92	64providing crisis intervention services has reasonable cause to believe that the emergency service
93	93	65provider receiving the crisis intervention services has admitted to criminal conduct;
94	94	66 (v) the certified emergency service provider or licensed mental health professional
95	95	67providing crisis intervention services has reasonable cause to believe that the emergency service
96	96	68provider receiving the crisis intervention services has admitted to conduct that constitutes a
97	97	69violation of the laws that are normally enforced by the entity for which the emergency service
98	98	70provider receiving the crisis intervention services is employed;
99	99	71 (vi) the certified emergency service provider or licensed mental health professional
100	100	72providing crisis intervention services was an initial emergency service responder, a witness, or a
101	101	73party to the critical incident that prompted an emergency service provider to engage in crises
102	102	74intervention services; or 5 of 5
103	103	75 (vii) the emergency service provider receiving the crisis intervention services waives
104	104	76confidentiality and gives express consent for the certified emergency service provider or licensed
105	105	77mental health professional to testify or the emergency service provider receiving the crisis
106	106	78intervention services otherwise divulges information related to such services to any third party.
107	107	79 (f) An emergency service provider who provides crisis intervention services to
108	108	80emergency service providers pursuant to this section shall: (i) be certified by the Massachusetts
109	109	81Peer
110	110	82 Support Network or International Critical Incident Stress Foundation, Inc.; (ii) provide
111	111	83documentation of such certification to their employer; and (iii) annually provide their employer
112	112	84with proof of such certification.
113	113	85 An entity employing a certified emergency service provider shall maintain the
114	114	86documentation provided by the employee under this subsection of the employee's certification by
115	115	87the Massachusetts Peer Support Network or the International Critical Incident Stress Foundation,
116	116	88Inc. Such documentation shall be made available at the request of the secretary.
117	117	89 (g) If an entity employing a certified emergency service provider determines that an
118	118	90employee has violated this section, the entity shall promptly notify in writing the Massachusetts
119	119	91Peer Support Network and or the International Critical Incident Stress Foundation, Inc. of the
120	120	92violation. An employee that violates this section shall be considered decertified and shall not be
121	121	93eligible to provide crisis intervention services as a certified emergency service provider for a
122	122	94period of 5 years.