AB576,3,33
(b) “Ambulance service provider” has the meaning given in s. 256.01 (3).
AB576,3,84
(c) “Communication” means an oral statement, written statement, note, record,
5report, or document made during or arising out of a meeting between a recipient of
6peer support services or critical incident stress management services and a peer
7support team member or a critical incident stress management services team
8member.
AB576,3,99
(d) “Correctional officer" has the meaning given in s. 301.28 (1).
AB576,3,1110
(e) “Critical incident” means an actual or perceived event or situation that
11involves a crisis, disaster, trauma, or emergency.
AB576,3,2112
(f) “Critical incident stress management services” means services provided by
13a critical incident stress management services team or a critical incident stress
14management services team member to any law enforcement officer, tribal law
15enforcement officer, correctional officer, jail officer, juvenile detention officer, fire
16fighter, dispatcher, emergency medical responder, emergency medical services
17practitioner, public safety personnel, ambulance service provider personnel, or
18civilian employee or volunteer member of a law enforcement agency affected by a
19critical incident and designed to assist the individual affected by a critical incident
20to cope with critical incident stress or to mitigate reactions to critical incident stress.
21“Critical incident stress management services” includes any of the following:
AB576,3,2222
1. Critical incident stress defusings.
AB576,3,2323
2. Critical incident stress debriefings.
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3. On-scene support services.
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4. One-on-one support services.
AB576,4,9
1(g) “Critical incident stress management services team member” means any
2law enforcement officer, tribal law enforcement officer, correctional officer, jail
3officer, juvenile detention officer, fire fighter, dispatcher, emergency medical
4responder, emergency medical services practitioner, public safety personnel,
5ambulance service provider personnel, civilian employee or volunteer member of a
6law enforcement agency, or other person who has been trained in critical incident
7stress management services and officially designated by the agency head or the
8agency head's designee to be a member of the agency's critical incident stress
9management services team.
AB576,4,1010
(h) “Emergency medical responder" has the meaning given in s. 256.01 (4p).
AB576,4,1211
(i) “Emergency medical services practitioner" has the meaning given in s.
12256.01 (5).
AB576,4,1513
(j) “Fire fighter" means any person employed by the state or a political
14subdivision as a member or officer of a fire department or a member of a volunteer
15fire department, including the state fire marshal and deputies.
AB576,4,1616
(k) “Jail officer" has the meaning given in s. 165.85 (2) (bn).
AB576,4,1717
(L) “Juvenile detention facility” has the meaning given in s. 48.02 (10r).
AB576,4,1818
(m) “Juvenile detention officer” has the meaning given in s. 165.85 (2) (bt).
AB576,4,2319
(n) “Law enforcement agency" means a governmental unit of one or more
20persons employed full time by this state or a political subdivision of this state for the
21purpose of preventing and detecting crime and enforcing state laws or local
22ordinances, employees of which unit are authorized to make arrests for crimes while
23acting within the scope of their authority.
AB576,5,524
(o) “Law enforcement officer” means any person employed by the state or a
25political subdivision for the purpose of detecting and preventing crime and enforcing
1laws or ordinances and who is authorized to make arrests for violations of the laws
2or ordinances the person is employed to enforce, whether that enforcement authority
3extends to all laws or ordinances or is limited to specific laws or ordinances. “Law
4enforcement officer” includes a person appointed as a conservation warden by the
5department of natural resources under s. 23.10 (1).
AB576,5,136
(p) “Peer support services” means any debriefing, defusing, on-scene, or
7one-on-one session provided by a peer support team member that provides
8emotional and moral support to any law enforcement officer, tribal law enforcement
9officer, correctional officer, jail officer, juvenile detention officer, fire fighter,
10dispatcher, emergency medical responder, emergency medical services practitioner,
11public safety personnel, ambulance service provider personnel, or civilian employee
12or volunteer member of a law enforcement agency affected by stress or an incident,
13whether personal or professional.
AB576,5,2014
(q) “Peer support team member” means any law enforcement officer, tribal law
15enforcement officer, jail officer, juvenile detention officer, fire fighter, dispatcher,
16emergency medical responder, emergency medical services practitioner, public
17safety personnel, ambulance service provider personnel, civilian employee or
18volunteer member of a law enforcement agency, or other person who has been trained
19in peer support services and officially designated by the agency head or the agency
20head's designee to be a member of the agency's peer support team.
AB576,5,2121
(r) “Political subdivision” has the meaning given in s. 165.85 (2) (d).
AB576,5,2522
(s) “Public safety personnel” means an employee of a governmental entity who,
23by virtue of the person's job duties, provides support to peace officers, including
24dispatchers, public safety telecommunicators, crime scene and crime laboratory
25technicians, and criminal analysts.
AB576,6,3
1(t) “Trained” means a person who has successfully completed an approved peer
2support training program or an approved critical incident stress management
3training program.
AB576,6,44
(u) “Tribal law enforcement agency" has the meaning given in s. 165.83 (1) (e).
AB576,6,55
(v) “Tribal law enforcement officer” has the meaning given in s. 165.85 (2) (g).
AB576,6,17
6(2) Creation; operation. (a) The department of justice shall establish and
7implement a program for the establishment of peer support teams and critical
8incident stress management services teams. The department of justice shall
9organize a program of training as provided under s. 165.86 (2) (b) for membership on
10a peer support team to provide peer support services and for membership on a critical
11incident stress management services team to provide critical incident stress
12management services. The law enforcement standards board shall establish
13minimum curriculum standards for the training programs to provide training in a
14manner similar to that provided for law enforcement training under s. 165.85, except
15that the board shall coordinate with the department of health services, the state fire
16marshal, and any other relevant agency or entity it determines appropriate to advise
17the board in establishment of the curriculum.
AB576,6,2418
(b) An individual may not provide peer support services unless that individual
19successfully completes a peer support training program required for membership on
20a peer support team. An individual may not provide critical incident stress
21management services services unless that individual successfully completes a
22critical incident stress management services training program required for
23membership on a critical incident stress management services team. The board shall
24prescribe the means for presenting evidence of fulfillment of these requirements.
AB576,7,2
1(c) The department of justice shall promulgate rules to implement this section,
2including all of the following:
AB576,7,43
1. Procedures for establishment of a peer support team or a critical incident
4stress management services team.
AB576,7,65
2. Procedures for designation of individuals to be peer support team members,
6critical incident stress management services team members, or both.
AB576,7,97
(d) 1. An agency may establish a peer support team and, if a peer support team
8is established, shall develop written guidelines for the peer support team and its peer
9support team members.
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2. An agency may establish a critical incident stress management services
11team and, if a critical incident stress management services team is established, shall
12develop written guidelines for the critical incident stress management services team
13and its critical incident stress management services team members.
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3. No agency may establish or maintain a peer support team or critical incident
15stress management services team unless the agency complies with rules
16promulgated under this section.
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(e) In order to qualify as a peer support team member, an individual shall
18successfully complete a peer support training program approved under this section.
19In order to qualify as a critical incident stress management services team member,
20an individual shall successfully complete a critical incident stress management
21services training program approved under this section.
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(f) Subject to par. (g), in accordance with s. 905.095, a peer support team
23member or critical incident stress management services team member may refuse
24to disclose communications made by a person receiving peer support services or
1critical incident stress management services, including individual or group support
2sessions.
AB576,8,53
(g) Paragraph (f) applies only to communications made during interactions
4conducted by a peer support team member or critical incident stress management
5services team member who is doing all of the following:
AB576,8,76
1. Acting in the team member's capacity as a peer support team member or
7critical incident stress management services team member.
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2. Functioning within the written peer support guidelines or critical incident
9stress management services guidelines that are in effect for the team member's
10respective agency.
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(h) Subject to the requirements under par. (g), communications made by a
12person receiving or providing peer support services or critical incident stress
13management services, including communications made during or arising out of
14individual or group support sessions, are not open to public inspection, copying, or
15disclosure under s. 19.35.
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(i) This section does not apply if any of the following are true:
AB576,8,1917
1. A peer support team member or a critical incident stress management
18services team member was a witness or a party to the incident that prompted the
19delivery of peer support services or critical incident stress management services.
AB576,8,2220
2. Information received by a peer support team member or a critical incident
21stress management services team member is indicative of actual or suspected child
22abuse or actual or suspected child neglect.
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3. The person receiving peer support services or critical incident stress
24management services is a clear and immediate danger to himself or herself or others.
AB576,9,4
14. Communication to a peer support team member or a critical incident stress
2management services team member provides evidence that the person who is
3receiving the peer support services or critical incident stress management services
4has committed a crime, plans to commit a crime, or intends to conceal a crime.
AB576,9,12
5(3) Liability exemption. (a) Except as otherwise provided in par. (b), a peer
6support team or peer support team member or a critical incident stress management
7services team or critical incident stress management services team member
8providing peer support services or critical incident stress management services,
9respectively, is not liable for damages, including personal injury, wrongful death,
10property damage, or other loss related to a peer support team member's or critical
11incident stress management services team member's act, error, or omission in
12performing peer support services or critical incident stress management services.
AB576,9,1313
(b) Paragraph (a) does not apply to an action for medical malpractice.
AB576,2
14Section 2
. 905.095 of the statutes is created to read:
AB576,9,16
15905.095 Peer support and critical incident stress management
16services communications. (1) Definitions. In this section:
AB576,9,1717
(a) “Communication” has the meaning given in s. 165.875 (1) (c).
AB576,9,1918
(b)
“Critical incident stress management services” has the meaning given in s.
19165.875 (1) (f).
AB576,9,2120
(c) “Critical incident stress management services team member” has the
21meaning given under s. 165.875 (1) (g).
AB576,9,2222
(d) “Peer support services” has the meaning given in s. 16.875 (1) (p).
AB576,9,2423
(e) “Peer support team member” means a person who is designated as a peer
24support team member under s. 165.875 (1) (q).
AB576,10,7
1(2) General rule of privilege. A person receiving peer support services from
2a peer support team member or a person receiving critical incident stress
3management services from a critical incident stress management services team
4member has a privilege during the person's life to refuse to disclose and to prevent
5any other person from disclosing peer support communications or critical incident
6stress management services communications, including communications made
7during or arising out of individual or group support sessions.
AB576,10,17
8(3) Who may claim the privilege. The privilege under this section may be
9claimed by the person who received the peer support services or critical incident
10stress management services or the guardian or conservator of the person who
11received the peer support services or critical incident stress management services.
12A person who was a peer support team member or critical incident stress
13management services team member at the time of the communication is presumed
14to have authority during the life of the person who received the peer support services
15or critical incident stress management services to claim the privilege on behalf of the
16person who received the peer support services or critical incident stress management
17services.
AB576,10,19
18(4) Exceptions. (a) No privilege exists under this section for any of the
19following:
AB576,10,2220
1. Communication to a peer support team member or critical incident stress
21management services team member that is evidence of actual or suspected child
22neglect or abuse.
AB576,11,223
2. Communication to a peer support team member or critical incident stress
24management services team member that is evidence a person receiving peer support
1services or critical incident stress management services is a clear and immediate
2danger to himself or herself or others.
AB576,11,63
3. Communication to a peer support team member or critical incident stress
4management services team member that is evidence that a person who is receiving
5the peer support services or critical incident stress management services has
6committed a crime, plans to commit a crime, or intends to conceal a crime.
AB576,11,97
(b) A person receiving peer support or critical incident stress management
8services whose communications are privileged under this section may waive the
9privilege in writing.
AB576,3
10Section 3
.
Initial applicability.
AB576,11,1311
(1) The treatment of s. 905.095 first applies to a communication made to a peer
12support team member or a critical incident stress management services team
13member on the effective date of this subsection.