An Act To Ensure the Effectiveness of Critical Incident Stress Management Teams
Maine Legislature, Session 124, LD 1374
Committee: Criminal Justice and Public Safety
Sponsors: BURNS

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 1374 
House of Representatives, April 2, 2009 
, 
An Act To Ensure the Effectiveness of Critical Incident Stress 
Management Teams 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BURNS of Whiting. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 25 MRSA Pt. 11 is enacted to read: 
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····:·PART 11 
CRITICAL INCIDENTS 
CHAPTER 501 
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CRITICAL INCIDENT STRESS MANAGEMENT TEAMS 
§4201. Definitions 
As used in this chapter, unless the context otherwise indicates, the foIlowing terms 
have the foIl owing meanings. 
1. Critical incident. "Critical incident" means a work-related incident that causes or 
hasthe potential to cause a law enforcement officer to experience emotional or physical 
stress. "Critical incident" includes, but is not limited to, use-of-force encounters that may 
result in the death of or serious injury to another person or an officer, fatal motor vehicle 
accidents, child abuse investigations and death investigations. 
2. 
. Critical incident stress management team. 
"Critical· incident stress 
management team" means a team composed of members of a state, .county or municipal 
law enforcement agency that is trained, in accordance with standards established by rule 
by the Commissioner of Public Safety, to assist and provide support to any person 
employed by the team's own agency or another law enforcement agency who has been. 
involved in a critical. incident that may affect, or has affected, the person's work 
performance or general weIl-being. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
§4202. Critical incident stress management teams 
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1. Information confidential. Except as provided in subsection 2, all proceedings, 
communications and records, including, but not limited to, information .concerning the 
identity of a person seeking or being furnished assistance, connected in any way with the 
work of a critical incident stress management team are confidential and are not subject to· 
compulsory legal process or otherwise discoverable or admissible in evidence in any civil 
action unless the confidentiality is waived by the affected person. Statistical data not 
identifying a person seeking the assistance of a critical incident stress management team 
may be made available for statistical evaluation only. 
2. Mandatory disclosure of information. Unless pr:otected by a privilege of law 
recognized by this State, a member ofacritical incident stress management team must 
disclose.to appropriate federal; state or local government agencies or law enforcement. 
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agencies the following types of information: 
A. An admission by a person seeking the . assistance of the critical incident stress 
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management team that the person has committed a crime; 
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B. 
A disclosure. of information by a person seeking the assistance of a critical 
incident stress management team that must be reported pursuant to any applicable 
law; or 
C. 
A disclosure of information by a person seeking the assistance of a critical 
incident stress management teamthat·wouldlead one to reasonably think that the 
person seeking assistance is a danger to that person or to another person. 
SUMMARY 
This bill ensures that proceedings, communications and records connected in any way 
with the work of a critical incident stress management team are confidential and are not 
subject to compulsory legal process or otherwise discoverable or admissible in evidence 
in any civil action. The bill requires disclosure by members of a critical incident stress 
management team of certain types of information if the information is admitted or 
disclosed by a person seeking the assistance of a critical incident stress management 
team.