SB 634 - AS INTRODUCED
SENATE BILL 634
SPONSORS: Sen. Morgan, Dist 23; Sen. Gray, Dist 6; Sen. Sherman, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Bradley, Dist 3; Rep. Berrien, Rock. 18; Rep. Long, Hills. 10; Rep. Rice, Hills. 37; Rep. Hennessey, Graf. 1; Rep. M. Pearson, Rock. 34
COMMITTEE: Executive Departments and Administration
This bill authorizes the commissioner of health and human services to establish a confidential peer support program to provide stress management and crisis intervention services to staff exposed to critical incidents and trauma through the course of their employment.
The bill is a request of the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
VIII. The commissioner may establish a confidential peer support program for the purpose of providing critical incident stress management and crisis intervention services for staff exposed to critical incidents and trauma through the course of their employment.
(a) In this section:
(1) "Critical incident" means any incident that has a high emotional impact on the responders, or is beyond the realm of a person's usual experience that overwhelms his or her sense of vulnerability and/or lack of control over the situation.
(2) "Critical incident stress" means a normal reaction to an abnormal event that has the potential to interfere with normal functioning and that results from the response to a critical incident or long-term occupational exposure to a series of critical incident responses over a period of time that are believed to be causing debilitating stress that is affecting an emergency service provider and his or her work performance or family situation. This may include, but is not limited to, physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function.
(3) "Critical incident stress management" means a process of crisis intervention designed to assist employees in coping with the psychological trauma resulting from response to a critical incident.
(4) "Critical incident stress management and crisis intervention services" means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member.
(5) "Critical incident stress management team" or "team" means the group of one or more trained volunteers, including members of peer support groups who offer critical incident stress management and crisis intervention services following a critical incident or long term or continued, debilitating stress being experienced by employees and affecting them or their family situation.
(6) "Critical incident stress management team member" or "team member" means an employee, including any specially trained to provide critical incident stress management and crisis intervention services as a member of an organized team.
(7) “Debriefing” means a closed, confidential discussion of a critical incident relating to the feelings and perceptions of those directly involved prior to, during, and after a stressful event. It is intended to provide support, education, and an outlet for associated views and feelings. Debriefings do not provide counseling or an operational critique of the incident.
(b)(1) Any information divulged to the team or a team member during the provision of critical incident stress management and crisis intervention services shall be kept confidential and shall not be disclosed to a third party or in a criminal, civil, or administrative proceeding. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action. Except as provided in subparagraph (c), no person, whether critical incident stress management team member or team leader providing or receiving critical incident stress management and crisis intervention services, shall be required to testify or divulge any information obtained solely through such crisis intervention.
(2) In any civil action against any individual, or the department, including the state of New Hampshire, arising out of the conduct of a member of such team, this section is not intended and shall not be admissible to establish negligence in any instance where requirements herein are higher than the standard of care that would otherwise have been applicable in such action under state law.
(c) A communication shall not be deemed confidential pursuant to this section if:
(1) The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons;
(2) The communication indicates the existence of past child abuse or neglect of the individual, abuse of an adult as defined by law, or family violence as defined by law; or
(3) The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons.
|Jan. 29, 2020||Senate||Hearing|
|Feb. 13, 2020||Senate||Floor Vote|
|March 17, 2020||House||Hearing|
|March 19, 2020||House||Exec Session|
|Jan. 8, 2020||Introduced 01/08/2020 and Referred to Executive Departments and Administration; SJ 2|
|Jan. 29, 2020||Hearing: 01/29/2020, Room 101, LOB, 09:40 am; SC 4|
|Feb. 13, 2020||Committee Report: Ought to Pass, 02/13/2020; Vote 5-0; CC; SC 6|
|Feb. 13, 2020||Ought to Pass: MA, VV; OT3rdg; 02/13/2020; SJ 4|
|Feb. 20, 2020||Introduced 02/20/2020 and referred to Health, Human Services and Elderly Affairs|
|March 17, 2020||==CANCELLED== Public Hearing: 03/17/2020 11:30 am LOB 205|
|March 18, 2020||==CANCELLED== Subcommittee Work Session: 03/18/2020 11:00 am LOB 104|
|March 19, 2020||==CANCELLED== Executive Session: 03/19/2020 10:00 am LOB 205|
|June 30, 2020||Vacated and Laid on Table MA VV 06/30/2020|