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PRINTER'S NO. 3723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2508
Session of
2018
INTRODUCED BY SCHLOSSBERG, FARRY, BARRAR, A. DAVIS, DEASY,
DONATUCCI, KINSEY, KIRKLAND, J. McNEILL, READSHAW, SAINATO,
SCHWEYER, THOMAS, BOBACK, HILL-EVANS, DRISCOLL AND SIMS,
JUNE 18, 2018
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JUNE 18, 2018
AN ACT
Amending Titles 35 (Health and Safety) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, providing for emergency
responder mental wellness and stress management; establishing
the Critical Incident Stress Management Program; providing
for duties of the Secretary of Health and the Department of
Health; in emergency medical services system, further
providing for support of emergency medical services; in
operation of vehicles general provisions, further providing
for EMS costs; and, in driving after imbibing alcohol or
utilizing drugs, further providing for Accelerated
Rehabilitative Disposition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 75A
EMERGENCY RESPONDER MENTAL WELLNESS
AND STRESS MANAGEMENT
Sec.
75A01. Definitions.
75A02. Mental wellness and stress management protocol.
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75A03. Peer-to-peer support programs.
75A04. Certified peer counselors.
75A05. Toll-free helpline.
75A06. Critical Incident Stress Management Program.
75A07. Trauma awareness training.
75A08. Nonprofit organizations.
75A09. Publication.
7 5A10 . Confidential communications involving emergency
responders .
75A11. Funding.
§ 75A01 . Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified peer counselor." An emergency responder who has
the training, credentials or experience to provide counseling
and is recognized by the department under this chapter.
"Cooperating officials and agencies." Includes the
following:
(1) The Municipal Police Officers' Education and
Training Commission.
(2) The Director of the Bureau of Emergency Medical
Services, as designated by the secretary.
(3) The State Fire Commissioner.
"Critical incident." A situation to which an emergency
responder responds that presents or involves either the death or
serious bodily injury of an individual, or the imminent
potential of death or serious bodily injury, or any situation
faced by an emergency responder in the course of duty which
causes or may cause the emergency responder to experience
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unusually strong negative emotional reactions.
"Department." The Department of Health of the Commonwealth.
"Emergency responder." Any of the following:
(1) A first responder.
(2) A peace officer.
(3) A 911 dispatcher.
(4) A coroner who responds in an official capacity to an
emergency.
"First responder." A current or former member of an
emergency medical services agency, fire company, rescue company
or quick response service.
"Mental wellness and stress management protocol." A plan
that:
(1) Requires education on posttraumatic stress injuries
and traumatic brain injuries for emergency responders.
(2) Sets responsibilities for emergency responders who
sustain a posttraumatic stress injury or traumatic brain
injury arising from their work.
(3) Mandates remedial supportive actions for employer
agencies in response to a report of a posttraumatic stress
injury or traumatic brain injury sustained by an emergency
responder.
"Peace officer." As defined in 18 Pa.C.S. § 501 (relating to
definitions).
"Peer-to-peer support program." A regional peer support
service program established under section 75A03 (relating to
peer-to-peer support programs) which offers services:
(1) designated by the department to be used in:
(i) the treatment of and recovery from a mental
health condition; and
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(ii) critical incident response; and
(2) delivered by a certified peer counselor.
"Quick response service." An operation in which emergency
medical services providers of an emergency medical services
agency:
(1) respond to an actual, reported or perceived
emergency; and
(2) provide emergency medical services to patients
pending the arrival of an ambulance.
"Secretary." The Secretary of Health of the Commonwealth.
§ 75A02 . Mental wellness and stress management protocol .
(a) General rule.--The secretary, in consultation with
cooperating officials and agencies, shall develop a mental
wellness and stress management protocol to assist emergency
responders who:
(1) Suffer or may have suffered posttraumatic stress
injuries or traumatic brain injuries as a result of their
employment.
(2) Have been involved in critical incidents.
(b) Implementation.--The mental wellness and stress
management protocol shall be implemented no later than 180 days
after the effective date of this chapter. Emergency responders
and agencies for which emergency responders perform their duties
shall abide by the protocol formalized under this section.
§ 75A03 . Peer-to-peer support programs.
(a) Establishment of peer-to-peer support programs.--
Notwithstanding any other provision of law, the secretary shall
establish a minimum of four regional peer support service
programs for emergency responders in this Commonwealth.
(b) Cooperative establishment.--The secretary shall
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establish the peer-to-peer support programs in conjunction with
cooperating officials and agencies.
(c) Access.--The department shall, if possible, establish
the peer-to-peer support programs in a manner that ensures
access to a program by all emergency responders within this
Commonwealth regardless of geographic location.
(d) Services.--Services provided by a peer-to-peer support
program shall include peer-to-peer counseling for all of the
following:
(1) Mental health issues, including treatment and
recovery support for posttraumatic stress, traumatic brain
injury and depression.
(2) Alcohol, substance abuse or chemical dependence
treatment and recovery support, including treatment planning,
recovery coaching and relapse prevention.
(3) Sexual abuse trauma.
(4) Co-occurring disorders.
(5) Any other counseling service which the department
believes will further the intent and goals of this chapter.
(e) Critical incident stress management.--Nothing in this
chapter shall preclude incorporating critical incident stress
management intervention into a peer-to-peer support program.
§ 75A04 . Certified peer counselors.
The department, in conjunction with cooperating officials and
agencies, shall establish guidelines for the recruitment,
training and development of individuals capable of providing
peer-to-peer counseling services under section 75A03 (relating
to peer-to-peer support programs) . The guidelines shall include
the establishment of minimum qualifications to receive
credentials as a certified peer counselor and procedures to
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suspend, revoke or annul the credentials.
§ 75A05. Toll-free helpline.
(a) General rule.--The department shall:
(1) Establish a toll-free helpline to respond to calls
from emergency responders who have been involved in a
critical incident or are dealing with mental wellness issues.
(2) Obtain the toll-free telephone number 866-1ST-HELP
for such purposes. If the telephone number 866-1ST-HELP is
not available, the department shall obtain a substantially
similar telephone number acronym for such purposes.
(3) Permit persons to provide information anonymously,
should they choose to do so.
(4) Ensure the confidentiality of the names of callers,
information discussed during the call and any referrals for
further debriefing or counseling.
(b) Helpline operators.--An operator of the helpline must be
one of the following:
(1) Provided instruction and practical training by the
department and familiar with posttraumatic stress injuries
and other emotional and psychological injuries unique to
emergency responders.
(2) Professionally trained to provide counseling
services for the following:
(i) Mental health issues unique to emergency
responders, including treatment and recovery support for
posttraumatic stress, traumatic brain injury and
depression.
(ii) Alcohol, substance abuse or chemical dependence
treatment and recovery support, including treatment
planning, recovery coaching and relapse prevention.
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(iii) Co-occurring disorders.
(iv) Other counseling services which the department
believes will further the intent and goals of this
chapter.
(c) Posting.--A sign with information about the toll-free
helpline shall be posted as follows at all sites where emergency
responders serve:
(1) At least one sign, no smaller than 8 1/2 by 11
inches and no larger than 1 by 2 feet, shall be posted in a
conspicuous manner clearly visible to emergency responders.
(2) The sign shall include the following information:
(i) The toll-free telephone number, which must be
printed in bold type and large font.
(ii) Notice that callers may provide information
anonymously if they choose to do so.
(d) Online access to sign.--The department and cooperating
officials and agencies shall provide the sign on their
respective publicly accessible Internet websites for any person
to print as needed.
§ 75A06. Critical Incident Stress Management Program.
The department, in consultation with the Pennsylvania
Emergency Health Services Council, shall establish a Critical
Incident Stress Management Program to:
(1) Identify the emotional impact that external and
internal critical incidents have on this Commonwealth's first
responders.
(2) Prepare a response to event-driven situations
affecting the emotional well-being of first responders.
§ 75A07. Trauma awareness training.
(a) Training required.--Training provided under 53 Pa.C.S.
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Ch. 21 Subch. D. (relating to municipal police education and
training) shall include trauma awareness training as established
by the Municipal Police Officers' Education and Training
Commission. Required initial and continuing education for
emergency responders shall include trauma awareness training as
established, as applicable, by the d epartment and cooperating
officials and agencies.
(b) Training topics.--Trauma awareness training shall
include education on stress management, critical incidents,
signs and symptoms of posttraumatic stress, vicarious trauma,
substance abuse and addiction and warning signs of depression
and suicide. The training shall also include the availability of
resources under this chapter.
§ 75A08 . Nonprofit organizations.
Nothing under this chapter shall prohibit the department or
cooperating officials and agencies from contracting with
nonprofit organizations within this Commonwealth to offer
support services to eligible responders in accordance with this
chapter.
§ 75A09 . Publication.
The department and cooperating officials and agencies shall
post on their respective publicly accessible Internet websites
the contact information of entities offering support services
under this chapter.
§ 7 5A10 . Confidential communications involving emergency
responders .
(a) Disclosure.--Except as provided under subsection (c) , a
peer-to-peer counselor or helpline operator who, while in the
course of duty , has acquired information from any emergency
responder in confidence may not be compelled or allowed without
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the consent of the emergency responder to disclose that
information in a legal proceeding, trial or investigation before
any governmental agency.
(b) Coparticipants.--Except as provided under subsection
(c), a coparticipant who is present during the offering of peer-
to-peer counseling services may not be compelled or allowed,
without the consent of the affected emergency responder, to
disclose any communication made during the offering of the
services in a legal proceeding, trial or investigation before a
governmental agency.
(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 emergency responder who received peer-to-peer
counseling services or helpline assistance or to other
individuals.
(2) The emergency responder who received peer-to-peer
counseling services or helpline assistance gives express
consent to the disclosure .
(3) The emergency responder who received peer-to-peer
counseling services or helpline assistance is deceased and
the surviving spouse or the executor or administrator of the
estate of the deceased emergency responder gives express
consent.
§ 75A11. Funding.
The department may expend annually an amount not to exceed
$250,000 from the Emergency Medical Services Operating Fund to
carry out the provisions of this chapter.
Section 2. Section 8153(c) of Title 35 is amended by adding
a paragraph to read:
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§ 8153. Support of emergency medical services.
* * *
(c) Purpose of fund.--Except as provided under subsection
(d), 75% of the money from the Emergency Medical Services
Operating Fund shall be disbursed by the department for only the
following uses:
* * *
(5) To carry out the provisions of Chapter 75A (relating
to emergency responder mental wellness and stress
management).
* * *
Section 3. Sections 3121 and 3807(b)(1)(ix) of Title 75 are
amended to read:
§ 3121. EMS costs.
In addition to any other costs that may be imposed under this
part for a traffic violation, except for a parking violation, a
cost of [$10] $20 shall be imposed. Moneys collected shall be
forwarded to the State Treasurer for deposit in the Emergency
Medical Services Operating Fund.
§ 3807. Accelerated Rehabilitative Disposition.
* * *
(b) Evaluation and treatment.--
(1) A defendant offered Accelerated Rehabilitative
Disposition for a violation of section 3802 is, as a
condition of participation in the program, subject to the
following requirements in addition to any other conditions of
participation imposed by the court:
* * *
(ix) The defendant shall pay a cost of [$25] $50
which shall be forwarded to the State Treasurer for
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deposit in the Emergency Medical Services Operating Fund.
* * *
Section 4. This act shall take effect in 60 days.
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