An Act to Protect
Maine Legislature, Session 132, LD 0882
Committee Amendment CA_A_H926 (House)
Amends: 25 MRSA §4201, 25 MRSA §4201-A, 25 MRSA §4202, 25 MRSA §4203

COMMITTEE AMENDMENT " /-\" to H.P. 568, L.D. 882, "An Act to Protect
Communication with Providers of Critical Incident Stress Management Peer Support"
Amend the bill by striking out the title and substituting the following:
'An Act to Protect Communication with Providers of Critical Incident Stress
Management and Peer Support'
Amend the bill by striking out everything after the enacting clause and insertmg the
following;
'See. 1. 25 MRSA c. 501, headnote is amended to read;
CHAPTER 501
CRITICAL INCIDENT STRESS MANAGEMENT TEAMS AND PEER
SUPPORT
Sec. 2. 25 MRSA §4201, as amended by PL 2019, c. 89, §§1 to 5, is repealed.
Sec. 3. 25 MRSA §4201-A is enacted to read:
S4201-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the followine meanines,
1. Affected person. "Affected person" means a member or employee of a provider or
a person providine emergency care or response services on behalf of a provider,
2. Critical incident. "Critical incident" means a work-related incident that causes or
has the potential to cause an affected person to exDerjence emotional or physical stress,
"Critical iticident" includes, but is not limited to^use-of-force encounters that mav result in
the death of or serious iajurv to another person or an affected person, fatal motor vehicle
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accidents, child abuse investigations. emereency care or response operations and death
investigations,
3. Critical incident stress manaeement. "Critical incidentstress; management" means
services orovided in an individual or eroup settmgand^cilitated by a peer suppcirt person
or licensed mental health clinician to an affected person, or a group of affected persons,
when the affected person has been involved in a critical incident that can reasonably have
a devastating, long-lasting effect on the affected person. "Critical incident stress
management" includes assistine the affected person to aDDropriatelv process the traujna
and stress associated with a critical incident_and connecting the affected Berson to
aooroDriate resources,
4. Critical incident stress manaeement team. "Critical incident stress management
team" means either of the following persons or groups of persons that has an established
relationship with a licensed mental health clinician who is available for consultation, as the
team members determine to be necessary, and for at least one meeting annually:
A, A team of peer support persons designated by the chief or director of a public safety
agency, private safety agency or public safety answering point or of an orKanization
involved in emergency care or response; the sheriff of a county jail; or the chief
administrative officer of a correctional facility as defmed in Title 34-A. section 1001,
subsection 6. or any such person's desienee; _or
B. A volunteer team coordinator from a nonprofit entity that is trained to assist and
provide critical incident stress manaeement or peer support.
5. Peer support. "Peer support" means the provision of emotional support to an
affected person by a member of a ^eer team or a peetsupport person for the purpose of
addressing issues resulting from or related to a critical incident experienced by the affected
person.
6. Peer support person. "Peer suwort person" means a person who provides critical
incident stress management or peer support and is trained in accordance with accepted best
practices.
7. Peer team. "Peer team" means a team of active or retu-ed-in-eood-standmg members
0 or employees of one or more providers that provides peer supnort to affected persons that
have been involved in a critical incident and that is trained throueh an organized peer
support training program that meets or exceeds peer support training standards adopted by
the International Association ofPire Fighters or the International Association of Chiefs of
Police, or their successor organizations.
8. Private safety aeencv. "Private safety agency" has the same meaning as w_ section
2921. subsection 6-A.
9. Provider. "Provider" means a_Bublic_safet¥ agency, private safety agency or public
safety answering point; an oreanization involved in emergency care or response; a
correctional facility as defined in Title 3 4-/L section 1001. subsection 6; a sheriffs office;
or a county jail,
10. Public safety agency.JTublic safety agency" has the same meaning as m section
2921. subsection 6-B.
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11. Public safety answerine poiut. "Public safety answerme point" has the same
meaning as in section 2921. subsection 7.
Sec. 4. 25 MRSA §4202, as amended by PL 2019,c.89,§6, is repealed.
Sec. 5. 25 MRSA §4203 is enacted to read:
§4203. Critical incident stress manaeement and peer support; testimony;
confidentiality; disclosure
1. Consent to testify. A peer suooort persoiL Deer team or meinberQfaDeerteam or
an individual who participates in a structured critical incident stress management or peer
support activity may not be compelled to testify in any civil or criminal action, suit or
proceedins at law or in equity reeardmg any jnfQrmation that may have been acquired in
providine. receiving or participatine in critical incident stress management or peer suDDQrt^
except at the request of. or with the consent of. the relevant affected person,
2. Confidentiality. Proceedings, communications and records connected with the
provision of critical incident stress manaeement or peer support are confidential and are
not subject to subpoena, discovery or mtroduction into evidenceLUIa ^ civil or criminal action
unless the confidentiality is waived _by the relevant affected person. Statistical data that
does not identify a person seeking the assistance of a critical incident stress management
team or peer team must be made available for statistical evaluation and may not be made
available for any other purpose^
3. Disclosure required by law. This section does not prohibit disclosure by a person
that provides critical incident stress manaeement or peer support ofmformatwncQncerDmK
an affected person if the disclosure is required pursuantto affiLaRplicable law or the person
that provides critical incident stress manaeement or peer support reasonably believes. in
that person's iudement. that the affected person presents a danger to the affected person or
to others. This subsection does not modify or affect the provisions of Title 22, sections
40H-Ato4015.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill. The amendment does the following.
It defines peer support as a type of service distinct from critical incident stress
management services and broadens the scope of the communications protected as
3 confidential to include communications related to the provision of either type of service to
an affected person, which the amendment defmes as a member or employee of an
organization or agency providing certain safety or emergency care or response services.
6 Under current law, only communications related to critical incident stress management are
protected.
It designates communications of providers of critical incident stress management and
peer support services as confidential communications,
It authorizes providers of critical incident stress management and peer support services
to disclose information that is otherwise confidential if the disclosure is required by law or
the provider of critical incident stress management or peer support services reasonably
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believes, in the provider's judgment, that an affected person presents a danger to the
affected person or to others.
It repeals current law regarding critical incident stress management teams,
It requires that a peer support person be trained in accordance with accepted best
practices and that a peer team be trained through an organized peer support training
program that meets or exceeds peer support training standards adopted by the International
Association of Pirefighters or the International Association of Chiefs of Police, or their
successor organizations. It removes certain requirements that a volunteer team coordinator
be trained in accordance with best practices and standards established by the Commissioner
of Public Safety.
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