Looks like the state of Tennessee recently amended the law to make communications between a CISM team and those who it debriefs “privileged” conversation. That means that in Tennessee, debriefings, like attorney-client conversations, are protected from subpoenas and other legal means of requiring disclosure. Very cool!
A quick search shows that some other states are also on board:
- Ohio
- Pennsylvania (appears to be for law enforcement)
- Oklahoma (passed by Senate, would take effect in November)
Unfortunately, California does not seem to be among them.
The amended law goes into effect July 1 of this year. Below is the text of the Tennessee amendment.
to individuals affected by crisis or
disaster;
(2) “Critical incident stress management team member,” referred
to also as “team member,” means an individual specially trained to
provide crisis response services as a member of an organized community
or local crisis response team that holds membership in registered critical
incident stress management team;
(3) “Crisis intervention” means a session at which crisis response
services are rendered by a critical incident stress management team
member during or after a crisis or disaster;
(4) “Registered team” means a team formally registered with a
recognized training agency. For the purposes of this section, a
recognized training agency shall include the International Critical Incident
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Stress Foundation, the National Organization for Victim Assistance, the
American Red Cross, the Tennessee Public Safety Network, and other
such organizations;
(5) “Training session” means a session providing crisis response
training by a qualified trained trainer utilizing the standards established by
the accrediting agencies set out in subdivision (a)(4); and
(6) “Volunteer” means a person who serves and receives no
remuneration for services except reimbursement for actual expenses.
(b) All communications between a critical incident stress management
team member or team leader providing, and a group participant or person
participating in, a crisis intervention shall be considered confidential and no such
person shall be required to disclose any such communication unless otherwise
required by law or rule of court.
(c) Except as provided under subsection (d), no person, whether critical
incident stress management team member, team leader or group participant
providing or participating in a crisis intervention shall be required to testify or
divulge any information resulting from such crisis intervention.
(d) The testimonial privilege established under subsection (c) shall not
apply if any of the following are true:
(1) The communication or advice indicates clear and present
danger to the individual who receives crisis response services or to any
other person or persons;
(2) The communication indicates cases in which there are
indications of present or past child abuse or neglect of the individual; or
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(3) All parties involved in the crisis intervention, including the
individual or individuals who received crisis response services, expressly
waive the privilege and consent to the testimony.
SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
SB0523 00200305 -1- SENATE BILL 523 By McNally AN ACT to amend Tennessee Code Annotated, Title 24, Chapter 1, Part 2, relative to privileged communications. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Title 24, Chapter 1, Part 2, is amended by adding the following language as a new section thereto: 24-1-2__. (a) As used in this section: (1) "Crisis response services" means consultation, risk assessment, referral, and crisis intervention services provided by a critical incident stress management team to individuals affected by crisis or disaster; (2) "Critical incident stress management team member," referred to also as "team member," means an individual specially trained to provide crisis response services as a member of an organized community or local crisis response team that holds membership in registered critical incident stress management team; (3) "Crisis intervention" means a session at which crisis response services are rendered by a critical incident stress management team member during or after a crisis or disaster; (4) "Registered team" means a team formally registered with a recognized training agency. For the purposes of this section, a recognized training agency shall include the International Critical Incident - 2 - 00200305 Stress Foundation, the National Organization for Victim Assistance, the American Red Cross, the Tennessee Public Safety Network, and other such organizations; (5) "Training session" means a session providing crisis response training by a qualified trained trainer utilizing the standards established by the accrediting agencies set out in subdivision (a)(4); and (6) "Volunteer" means a person who serves and receives no remuneration for services except reimbursement for actual expenses. (b) All communications between a critical incident stress management team member or team leader providing, and a group participant or person participating in, a crisis intervention shall be considered confidential and no such person shall be required to disclose any such communication unless otherwise required by law or rule of court. (c) Except as provided under subsection (d), no person, whether critical incident stress management team member, team leader or group participant providing or participating in a crisis intervention shall be required to testify or divulge any information resulting from such crisis intervention. (d) The testimonial privilege established under subsection (c) shall not apply if any of the following are true: (1) The communication or advice indicates clear and present danger to the individual who receives crisis response services or to any other person or persons; (2) The communication indicates cases in which there are indications of present or past child abuse or neglect of the individual; or - 3 - 00200305 (3) All parties involved in the crisis intervention, including the individual or individuals who received crisis response services, expressly waive the privilege and consent to the testimony. SECTION 2. This act shall take effect July 1, 2009, the public welfare requiring it.
Nick Arnett has been part of the Bay Area CISM Team since 2005, has led or help lead dozens of defusings and debriefings for first responders, schools and communities, including the Haiti earthquake, and assists in CISM training and events. He was a paramedic in the Pittsburgh, Pa. area in the late 1970s and 1980s, where he also headed the volunteer program for the