Confidential communications involving public safety responders and corrections officers. (a) Disclosure.-- Except as provided under subsection (c), a critical incident stress management team
Pennsylvania Consolidated Statutes
Section: 5951
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 5951
§ 5951. Confidential communications involving public safety responders and corrections officers. (a) Disclosure.-- Except as provided under subsection (c), a critical incident stress management team
member who, while in the course of duty, has acquired information from any public
safety responder or corrections officer in confidence may not be compelled or allowed
without the consent of the public safety responder or corrections officer to disclose
that information in a legal proceeding, trial or investigation before any government
unit. (b) Coparticipants.-- Except as provided under subsection (c), a coparticipant who is present during the
course of a critical incident stress management team intervention may not be compelled
or allowed, without the consent of the affected public safety responder or corrections
officer, to disclose any communication made during the intervention in a legal proceeding,
trial or investigation before a government unit. (c) Exceptions.-- The privilege established under subsections (a) and (b) shall not apply if any of
the following apply: (1) The communication indicates clear and present danger to the public safety responder
or corrections officer who received critical incident stress management services or
to other individuals. (2) The public safety responder or corrections officer who received critical incident
stress management services gives express consent to the testimony. (3) The public safety responder or corrections officer who received critical incident
stress management services is deceased and the surviving spouse or the executor or
administrator of the estate of the deceased public safety responder or corrections
officer gives express consent. (d) Definitions.-- As used in this section, the following words and phrases shall have the meanings given
to them in this subsection: "Coparticipant." An individual who is participating in a group critical incident stress management
team intervention. "Corrections officer." A corrections officer of the Commonwealth or of a political subdivision. "Critical incident." A situation responded to by a public safety responder or corrections officer which
presents or involves either the death or serious bodily injury of an individual or
the imminent potential of such death or serious bodily injury, or any situation faced
by a public safety responder or corrections officer in the course of duty which causes
or may cause the public safety responder or corrections officer to experience unusually
strong negative emotional reactions. "Critical Incident Stress Management Network." A network that meets the requirements of membership with the Pennsylvania Voluntary
Critical Incident Stress Management Network as administered by the Department of Health
and is registered with the International Critical Incident Stress Foundation. "Critical incident stress management services." Consultation, risk assessment, education, intervention, briefing, defusing, debriefing,
onsite services, referral and other crisis intervention services provided by a critical
incident stress management team to a public safety responder or corrections officer
prior to, during or after a critical incident. "Critical incident stress management team member." An individual who is specially trained to provide critical incident stress management
services as a member of a critical incident stress management team that holds membership
in the Commonwealth's critical incident stress management network. "Firefighter." A member of a municipal or volunteer fire company. "First responder." An individual who is certified by the Department of Health as a first responder. "Government unit." The General Assembly and its officers and agencies; the Governor and the departments,
boards, commissions, authorities and officers and agencies of the Commonwealth or
other instrumentalities thereof; any political subdivision, municipality, school district,
local authority and the departments, boards, commissions, authorities and officers
and agencies of such political subdivisions or other instrumentalities thereof; and
any court or other officer or agency of the unified judicial system or instrumentality
thereof. "Public safety responder." Any firefighter, emergency medical service personnel, ambulance service personnel
or emergency telecommunicator, who in a critical incident is responsible for the protection
and preservation of life, property, evidence and the environment, including an emergency
response provider as defined in section 2 of the Homeland Security Act of 2002 (Public
Law 107-296, 116 Stat. 2135), and emergency management and other skilled support personnel
who provide immediate support services during prevention, response and recovery operations. (July 9, 2010, P.L.381, No.53, eff. 60 days) 2010 Amendment. Act 53 added section 5951.
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