KRS § 95A.292 — KY Code / Title IX / Chapter 95A / Section 95A.292
95A.292 Alan "Chip" Terry Professional Development and Wellness Program -- Administrative regulations - Funding -- Leave following critical incident
Status: in_force

95A.292 Alan "Chip" Terry Professional Development and Wellness Program --

Administrative regulations - Funding -- Leave following critical incident.

(1) The commission shall establish the Alan "Chip" Terry Professional Development

and Wellness Program for firefighters.

(2) The program shall:

(a) Use seminar-based peer support and counseling services designed to reduce

negative mental and behavioral health outcomes; and

(b) Be offered to Kentucky professional and volunteer firefighters in Kentucky at

least two (2) times each calendar year.

(3) On a limited basis, the program may be offered to professional and volunteer

firefighters from states other than Kentucky upon application to and approval by the

executive director. However, no Kentucky professional and volunteer firefighters

may be denied admission to the program if professional and volunteer firefighters

from another state are admitted to the program.

(4) The commission shall promulgate administrative regulations in accordance with

KRS Chapter 13A to implement this section. The administrative regulations shall

address, at a minimum:

(a) The required qualifications and duties of any person used by the commission

to implement or administer the program;

(b) The curriculum, programming, seminar type, and treatment modalities used in

the program;

(c) The extent to which a participating firefighter's relatives or friends may

participate in seminars;

(d) The standards by which professional and volunteer firefighters from other

states may be accepted into the program by the executive director; and

(e) A protocol for establishing reciprocity for interagency assistance with other

state, federal, and tribal professional and volunteer firefighters in

administering the program.

(5) (a) Except as provided in paragraphs (b) and (c) of this subsection,

communications, identifying data, and any reports made in the application for

or in the course of a firefighter's participation in the program shall be

confidential and privileged from disclosure in any civil or criminal proceeding

and shall not be subject to discovery, disclosure, or production upon the order

or subpoena of a court or other agency with subpoena power, regardless of

who possesses them. The participating firefighter is the holder of the

privilege.

(b) The commission may use anonymous data for research, statistical analysis,

and educational purposes.

(c) Any communication making an actual threat of physical violence against a

clearly identified or reasonably identifiable victim or an actual threat of some

specific violent act may be revealed by the program in order to prevent the

commission of any physical violence or violent act using the protocol

established in KRS 202A.400.

(6) (a) There is hereby established in the State Treasury a restricted fund to be known

as the professional and volunteer firefighters professional development and

wellness program fund.

(b) The fund shall consist of moneys received from the Firefighters Foundation

Program Fund established in KRS 95A.220, grants, gifts, state appropriations,

and federal funds.

(c) The fund shall be administered by the commission.

(d) Amounts deposited in the fund shall be used only for administration of the

program.

(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a

fiscal year shall not lapse but shall be carried forward to the next fiscal year.

(f) Any interest earnings of the fund shall become a part of the fund and shall not

lapse.

(g) Moneys deposited in the fund are hereby appropriated for the purposes set

forth in this section and shall not be appropriated or transferred by the General

Assembly for any other purposes.

(7) (a) For the purposes of this subsection, "critical incident" means any event that

has a stressful impact sufficient enough to overwhelm a firefighter's usual

coping strategies. These events may include:

1. A fire or vehicle crash resulting in serious injury or death to a first

responder or citizen;

2. A firefighter being the victim of a felonious assault;

3. The death of a colleague or partner;

4. A death of, or serious injury to, a person in the medical care of the

firefighter;

5. The severe injury to, or death of, a child, particularly if the firefighter

has a child of or near the same age; or

6. An incident involving multiple deaths or injuries in a short amount of

time.

(b) Any firefighter involved directly in a critical incident may take up to forty-

eight (48) hours of leave immediately following a critical incident. This leave

may commence upon:

1. The completion of that firefighter's shift encompassing the critical

incident, or when all necessary administrative procedures relating to a

critical incident have been completed; and

2. The firefighter informs his or her supervisor.

(c) For regular firefighters, this leave may be unpaid or paid leave. The pay status

is to be determined by the firefighter's employment contract, collective labor

agreement if any, or by written departmental policy. This subsection shall not

be construed to set aside any employment contract, labor agreement, or

departmental policies that grant more than forty-eight (48) hours of leave

following an officer involved critical incident.

(d) For volunteer firefighters, this leave may be unpaid or paid leave. The pay

status is to be determined by the firefighter's written departmental policy.