Through the Smoke

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Tag: legislation

Peer support act is dead (for now) in California Senate

September 20, 2017 /

AB 1116, which would have created privilege (legal confidentiality) for CISM and peer support, is dead for this session of the California legislature. However, it is expected to come back in the 2018 session.

Although the bill passed the Assembly and several Senate committees, no agreement had been reached on how to define the training standards required for CISM or peer support team members to be protected. The current version specifies that the state Office of Emergency Services (OES) would create a new class – and nobody in state emergency services (apparently including OES) thought that was a good idea. But there was not enough time in this legislative session to work out the definition, so the bill went to the inactive file.

Hopefully the relevant state agencies (corrections, CHP, CAL FIRE, OES) will work out a training requirements strategy before the bill comes around again, so that it can pass next year.

CISM Protection Bill Introduced in California

March 2, 2017 /

California may join Michigan and other states that have made CISM activities “privileged” communications, meaning they could not be subpoenaed or otherwise demanded by a court. Michigan’s legislature unanimously passed the “First Responder Privileged Communications Act” a year ago.Subpoena protection for California CISM

California will consider AB 1116, the Critical Incident Stress Management Services Act.

Here is the key provision.

Except as otherwise provided in this section, a communication made by an emergency service provider to a CISM team member while the emergency service provider receives CISM services is confidential and shall 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 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.

The exceptions are not problematic – they cover referrals, events where most of us are already mandated reporters, imminent threats and waivers.

The bill was introduced last month by Assemblyman Tim Grayson, former mayor of Concord, California, who is also a Concord Police Department “Critical Response Chaplain.” He undoubtedly knows a thing or two about this issue.

In my dozen years in CISM I’ve dealt with this through our team’s policy of never keeping written records and my own lousy memory for what other people say during interventions.

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