HOUSE BILL NO. 4857

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 20981 and 20982 (MCL 333.20981 and 333.20982), section 20981 as amended by 2020 PA 48 and section 20982 as added by 2016 PA 40.

the people of the state of michigan enact:

Sec. 20981. (1) As used in this part:

(a) "Critical incident" means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.

(b) "Critical incident stress" means stress or trauma that an emergency service provider individual may experience in providing an emergency service in response due to a critical incident or a series of critical incidents.

(c) "Critical incident stress management services" or "CISM services" means services provided by a critical incident stress management team or critical incident stress management team member to an emergency service provider individual affected by a critical incident or a series of critical incidents that are designed to assist the emergency service provider individual in coping with critical incident stress or to mitigate reactions to critical incident stress. Critical incident stress management services include 1 or more of the following:

(i) Precrisis education.

(ii) Critical incident stress defusings.

(iii) Critical incident stress debriefings.

(iv) On-scene support services.

(v) One-on-one support services.

(vi) Consultation.

(vii) Referral services.

(viii) Peer support services.

(d) "Critical incident stress management team" or "CISM team" means an organized community or local crisis response team that is a member of the maintains registration with the Michigan Crisis Response Association. Network.

(e) "Critical incident stress management team member" or "CISM team member" means an individual who is specially trained to provide critical incident stress management services as a member of a critical incident stress management team.

(f) "Emergency service provider" means any of the following:

(i) An individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider.

(ii) An individual who is employed by or under contract with a health facility or agency.

(iii) A health professional licensed under article 15.

(f) (g) "Stress or trauma" means an emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning, including, but not limited to, 1 or more of the following:

(i) Physical and emotional illness.

(ii) Failure of usual coping mechanisms.

(iii) Loss of interest in the job or normal life activities.

(iv) Personality changes.

(v) Loss of ability to function.

(vi) Psychological disruption of personal life, including a relationship with a spouse, child, or friend.

(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code and part 201 contains definitions applicable to this part.

Sec. 20982. (1) Except as otherwise provided in this section, a communication made by an emergency service provider individual to a CISM team member while the emergency service provider that individual receives CISM services is confidential and shall must not be disclosed in a civil, criminal, or administrative proceeding. A record kept by a CISM team member relating to the provision of CISM services to an emergency service provider individual by the CISM team or a CISM team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.

(2) A communication or record described in subsection (1) is not confidential if any of the following circumstances exist:

(a) The CISM team member reasonably needs to make an appropriate referral of the emergency service provider individual to or consult about the emergency service provider individual with another member of the CISM team or an appropriate professional associated with the CISM team.

(b) The communication conveys information that the emergency service provider individual is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.

(c) The communication conveys information relating to child or elder abuse or neglect.

(d) The emergency service provider individual or the legal representative of the emergency service provider individual expressly agrees that the emergency service provider's individual's communication is not confidential.