Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1659 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1585 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1659
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Cronin
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 relative to crisis intervention services for emergency service providers; confidentiality of
13	13	information.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 5
17	17	SENATE DOCKET, NO. 1585 FILED ON: 1/16/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1659
19	19	By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1659) of John J. Cronin for
20	20	legislation to allow emergency service providers performing crisis intervention services to keep
21	21	information confidential from a third party. Public Safety and Homeland Security.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to crisis intervention services for emergency service providers; confidentiality of
28	28	information.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Section 20O of chapter 233 of the General Laws, as appearing in the 2018 Official
32	32	2Edition, is hereby amended by striking out Section 20O, and inserting in place thereof the
33	33	3following section:-
34	34	4 Section 1. Section 20O. (a) As used in this section, the following words shall, unless the
35	35	5context clearly requires otherwise, have the following meanings:-
36	36	6 ''Certified emergency service provider'', an emergency service provider certified by the
37	37	7Massachusetts Peer Support Network or International Critical Incident Stress Foundation, Inc.
38	38	8 “Confidential Information”, is information transmitted in confidence by and between an
39	39	9emergency service provider and a certified emergency service provider or licensed mental health
40	40	10professional during the course of a critical incident stress management session by a means which
41	41	11does not disclose the information to a person other than a person or persons participating in the 2 of 5
42	42	12critical incident stress management session with the emergency service provider. The term
43	43	13includes all information received by the certified emergency service provider or licensed mental
44	44	14health professional during the critical incident stress management session.
45	45	15 ''Crisis intervention'', immediate short-term psychological care provided by a certified
46	46	16emergency service provider providing critical incident stress management to an emergency
47	47	17service provider after said emergency service provider's response to a critical incident.
48	48	18 ''Crisis intervention services'', consultation, counseling, debriefing, defusing, intervention
49	49	19services, prevention or referral.
50	50	20 ''Critical incident'', an event resulting in psychological stress or trauma to an emergency
51	51	21service provider as a result of said emergency service provider's response to the incident.
52	52	22 ''Critical incident stress management'', a program designed to assist an emergency service
53	53	23provider in coping with the psychological stress or trauma resulting from said emergency service
54	54	24providers response to a critical incident.
55	55	25 ''Emergency service provider'', an active or retired law enforcement officer, police officer,
56	56	26state police trooper, sheriff or deputy sheriffs, firefighter, or emergency medical personnel.
57	57	27 ''Secretary'', the secretary of the executive office of public safety and homeland security.
58	58	28 (b) Information provided by an emergency service provider to a certified emergency
59	59	29service provider or licensed mental health professional as part of crisis intervention services
60	60	30provided by the certified emergency service provider or licensed mental health professional to
61	61	31the emergency service provider either individually or as part of a group shall be confidential and
62	62	32shall not be disclosed to a third party, except as provided by subsection (e). 3 of 5
63	63	33 (c) An emergency service provider has a privilege to refuse to disclose, and to prevent
64	64	34others from disclosing, confidential communications made during a critical incident stress
65	65	35management session for the purpose of lessening the impact of an event, accelerating their own
66	66	36normal coping abilities, and helping to prevent the development of post traumatic stress disorder,
67	67	37as follows:
68	68	38 (1) between the emergency service provider and the certified emergency service provider
69	69	39or licensed mental health professional;
70	70	40 (2) between other emergency service providers participating in a group critical incident
71	71	41stress management session and the certified emergency service provider or licensed mental
72	72	42health professional.
73	73	43 (d) The privilege may be claimed by the emergency service provider, the emergency
74	74	44service provider’s guardian or conservator, or the personal representative of a deceased
75	75	45emergency service provider as the case may be at the time the privilege is claimed.
76	76	46 (e) Subsection (b) shall not apply to information provided by an emergency service
77	77	47provider to a certified emergency service provider or licensed mental health professional as part
78	78	48of crisis intervention services provided by the certified emergency service provider or licensed
79	79	49mental health professional to the emergency service provider if:
80	80	50 (i) the certified emergency service provider or licensed mental health professional
81	81	51providing crisis intervention services has reasonable cause to believe that the emergency service
82	82	52provider receiving the crisis intervention services is in need of treatment in a hospital for mental
83	83	53or emotional illness or that there is a threat of imminently dangerous activity by the emergency 4 of 5
84	84	54service provider receiving the crisis intervention services against himself or herself or another
85	85	55person;
86	86	56 (ii) the certified emergency service provider or licensed mental health professional
87	87	57providing crisis intervention services has reasonable cause to believe that the emergency service
88	88	58provider receiving the crisis intervention services has engaged in conduct required to be reported
89	89	59pursuant to section 51A of chapter 119;
90	90	60 (iii) the certified emergency service provider or licensed mental health professional
91	91	61providing crisis intervention services has reasonable cause to believe that the emergency service
92	92	62provider receiving the crisis intervention services has engaged in conduct in violation of any
93	93	63federal or state law;
94	94	64 (iv) the certified emergency service provider or licensed mental health professional
95	95	65providing crisis intervention services has reasonable cause to believe that the emergency service
96	96	66provider receiving the crisis intervention services has admitted to criminal conduct;
97	97	67 (v) the certified emergency service provider or licensed mental health professional
98	98	68providing crisis intervention services has reasonable cause to believe that the emergency service
99	99	69provider receiving the crisis intervention services has admitted to conduct that constitutes a
100	100	70violation of the laws that are normally enforced by the entity for which the emergency service
101	101	71provider receiving the crisis intervention services is employed;
102	102	72 (vi) the certified emergency service provider or licensed mental health professional
103	103	73providing crisis intervention services was an initial emergency service responder, a witness, or a
104	104	74party to the critical incident that prompted an emergency service provider to engage in crises
105	105	75intervention services; or 5 of 5
106	106	76 (vii) the emergency service provider receiving the crisis intervention services waives
107	107	77confidentiality and gives express consent for the certified emergency service provider or licensed
108	108	78mental health professional to testify or the emergency service provider receiving the crisis
109	109	79intervention services otherwise divulges information related to such services to any third party.
110	110	80 (d) An emergency service provider who provides crisis intervention services to
111	111	81emergency service providers pursuant to this section shall: (i) be certified by the Massachusetts
112	112	82Peer Support Network or International Critical Incident Stress Foundation, Inc.; (ii) provide
113	113	83documentation of such certification to their employer; and (iii) annually provide their employer
114	114	84with proof of such certification.
115	115	85 An entity employing a certified emergency service provider shall maintain the
116	116	86documentation provided by the employee under this subsection of the employee's certification by
117	117	87the Massachusetts Peer Support Network or the International Critical Incident Stress Foundation,
118	118	88Inc. Such documentation shall be made available at the request of the secretary.
119	119	89 (e) If an entity employing a certified emergency service provider determines that an
120	120	90employee has violated this section, the entity shall promptly notify in writing the Massachusetts
121	121	91Peer Support Network and or the International Critical Incident Stress Foundation, Inc. of the
122	122	92violation. An employee that violates this section shall be considered decertified and shall not be
123	123	93eligible to provide crisis intervention services as a certified emergency service provider for a
124	124	94period of 5 years.