A03563
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1459
Session of
2019
INTRODUCED BY SCHLOSSBERG, FARRY, BARRAR, SAINATO, CALTAGIRONE,
CIRESI, FREEMAN, HARKINS, HILL-EVANS, KIRKLAND, KULIK,
MADDEN, McCLINTON, NEILSON, O'MARA, READSHAW, SAPPEY,
SOLOMON, THOMAS, YOUNGBLOOD, OTTEN, DeLUCA, GALLOWAY,
HANBIDGE, HOWARD, SCHWEYER, POLINCHOCK, DAVIDSON, WILLIAMS
AND INNAMORATO, MAY 14, 2019
AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,
SEPTEMBER 24, 2019
AN ACT
Amending Titles Title 35 (Health and Safety) and 75 (Vehicles)
of the Pennsylvania Consolidated Statutes, providing for
emergency responder mental wellness and stress management;
establishing the Statewide Critical Incident Stress
Management Program; providing for duties of the Secretary of
Health and the Department of Health; and, 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
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75A01. Definitions.
75A02. Mental wellness and stress management protocol.
75A03. Peer-to-peer support programs.
75A04. Trained peer support individuals PROVIDERS .
75A05. Toll-free helpline.
75A06. Statewide Critical Incident Stress Management Program
and regional programs .
75A07. Trauma and suicide awareness and impact 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:
"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.
(1) THE DEPARTMENT OF HUMAN SERVICES OF THE
COMMONWEALTH.
(2) A COUNTY MENTAL HEALTH OFFICE LOCATED WITHIN THIS
COMMONWEALTH.
(3) The State Fire Commissioner.
(4) The Department of Drug and Alcohol Programs of the
Commonwealth.
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"CORRECTIONS OFFICER." A FULL-TIME EMPLOYEE ASSIGNED TO THE
DEPARTMENT OF CORRECTIONS WHOSE PRINCIPAL DUTY IS THE CARE,
CUSTODY AND CONTROL OF INMATES OF A PENAL OR CORRECTIONAL
INSTITUTION OPERATED BY THE DEPARTMENT OF CORRECTIONS.
"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 strong
negative emotional reactions.
"Department." The Department of Health of the Commonwealth.
"EMERGENCY MEDICAL SERVICES PROVIDER OR EMS PROVIDER." AS
DEFINED UNDER SECTION 8103 (RELATING TO DEFINITIONS).
"Emergency responder." Any of the following:
(1) A first responder current or former member of an
emergency medical services agency, fire company or rescue
company .
(2) A peace officer.
(3) A 911 dispatcher.
(4) A coroner or medical examiner who responds in an
official capacity to an emergency.
(5) A CORRECTIONS OFFICER.
"First responder." A current or former member of an
emergency medical services agency, fire company , OR rescue
company or quick response service .
"Mental wellness and stress management protocol." A plan
that:
(1) Requires education and training on traumatic brain
injuries and traumatic stress, including acute stress
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reactions, acute stress disorder, posttraumatic stress
injuries and other emotional reactions and components of
trauma reaction for emergency responders.
(2) Sets responsibilities for employer public agencies
and emergency responders who sustain a posttraumatic stress
injury or traumatic brain injury arising from their work.
(3) Mandates PROVIDES remedial supportive actions for
employer public 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) recognizing the symptoms of a mental health
condition, including those caused by a critical incident;
and
(ii) making a behavioral health referral through an
employee assistance program or other mental health agency
for treatment by a licensed behavioral health
professional; and
(2) delivered by a trained peer support individual
provider .
"Posttraumatic stress injury." The condition referred to as
posttraumatic stress disorder A POSTTRAUMATIC STRESS DISORDER AS
DEFINED BY A MENTAL DISORDER CHARACTERIZED BY DIRECT EXPOSURE TO
A TRAUMATIC EVENT AS IDENTIFIED in the Diagnostic and
Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) ,
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or superseding editions as published by the American Psychiatric
Association .
"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.
"Regional emergency medical services council." The regional
EMS councils established under section 8109 (relating to
regional emergency medical services councils).
"Public agency." As defined under section 5302 (relating to
definitions).
"Secretary." The Secretary of Health of the Commonwealth.
" Trained peer support individual PROVIDER ." An emergency
responder who has the training, credentials or experience to
provide support and advocacy services and is recognized by the
department under this chapter.
§ 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 exposed to critical incidents.
(b) Implementation.--The mental wellness and stress
management protocol shall be implemented no later than 180 days
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after the effective date of this chapter. COMPLIANCE.--
Emergency responders and public agencies for which emergency
responders perform their duties shall abide by comply with the
protocol formalized ESTABLISHED 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 at least one regional peer peer-to-peer support
service program within the service area of each regional
emergency medical services council for emergency responders OF
ITS the department's REGIONAL OR DISTRICT OFFICES LOCATED in
this Commonwealth.
(b) Cooperative establishment.--The secretary shall
establish the peer-to-peer support programs in conjunction with
cooperating officials and agencies , the Pennsylvania Emergency
Health Services Council , the regional emergency medical services
councils and any other entities designated by the department.
(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 support for all of the
following:
(1) Mental health issues, including treatment and
recovery support for posttraumatic stress injuries , traumatic
brain injury and depression.
(2) Alcohol, substance abuse or chemical dependence
treatment and recovery support, including treatment planning,
recovery coaching and relapse prevention.
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(3) Sexual abuse trauma.
(4) Workplace abuse.
(5) Co-occurring disorders.
(6) Any other support service which the department
believes will further the intent and goals of this chapter
DEEMS NECESSARY .
(e) Critical incident stress management.-- Nothing in this
chapter shall preclude incorporating THE PROGRAM SHALL
INCORPORATE critical incident stress management intervention
into a peer-to-peer support program .
§ 75A04 . Trained peer support individuals.
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 support under section 75A03 (relating to peer-to-
peer support programs) . The guidelines shall include the
establishment of minimum qualifications to receive credentials
as a trained peer support individual and procedures to suspend,
revoke or annul the credentials.
§ 75A04 . TRAINED PEER SUPPORT PROVIDERS.
(A) ESTABLISHMENT.--THE DEPARTMENT, IN CONJUNCTION WITH
COOPERATING OFFICIALS AND AGENCIES, SHALL DEVELOP AND ESTABLISH
GUIDELINES FOR THE RECRUITMENT AND TRAINING OF PROVIDERS
entities CAPABLE OF PROVIDING PEER-TO-PEER SUPPORT UNDER SECTION
75A03 (RELATING TO PEER-TO-PEER SUPPORT PROGRAMS) .
(B) CONTENTS.--THE GUIDELINES SHALL INCLUDE THE
ESTABLISHMENT OF MINIMUM QUALIFICATIONS AS A TRAINED PEER
SUPPORT PROVIDER.
(C) CREDENTIALING REQUIREMENT.--THE DEPARTMENT SHALL
ESTABLISH A CLEAR CREDENTIALING REQUIREMENT AND A CERTIFICATE
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EVIDENCING A trained peer support PROVIDER'S QUALIFICATIONS.
(D) PROCEDURE.--A PROCEDURE SHALL BE ESTABLISHED FOR THE
SUSPENSION OR REVOCATION OF 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 services.
(b) Helpline operators.--An operator of the helpline must be
one of the following:
(1) Provided instruction and practical training approved
by the department and familiar A PROVIDER an individual
ADEQUATELY TRAINED IN IDENTIFYING with posttraumatic stress
injuries and other emotional and psychological reactions
common to emergency responders .
(2) Professionally trained to identify, assess and make
OR CAPABLE OF MAKING an appropriate referral to either a
peer-to-peer support program or a licensed behavioral health
professional for the following:
(i) Mental health issues common to emergency
responders, including treatment and recovery support for
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traumatic stress, including acute stress reaction, acute
stress disorder, posttraumatic stress injury, traumatic
brain injury and other conditions related to emotional
reactions to traumatic and cumulative stress such as
anxiety and depression.
(ii) Alcohol, substance abuse or chemical dependence
treatment and recovery support, including treatment
planning, recovery coaching and relapse prevention.
(iii) Co-occurring disorders.
(iv) Third-party counseling services which the
department believes will further the intent and goals of
this chapter. FURTHER MENTAL HEALTH EVALUATION OR CARE.
(c) Posting.--A sign with information about the toll-free
helpline shall be posted as follows at all sites where emergency
responders serve AND SHALL :
(1) At least one sign, BE no smaller than 8 1/2 by 11
inches and no larger than 1 by 2 feet, shall be .
(2) BE posted in a conspicuous manner clearly visible to
emergency responders.
(2) The sign shall include (3) 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. Statewide Critical Incident Stress Management Program
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and regional programs .
(a) Establishment.--The department , in consultation with the
Pennsylvania Emergency Health Services Council, shall establish
a Statewide Critical Incident Stress Management Program to:
(1) Identify the emotional impact that external and
internal critical incidents have on this Commonwealth's first
emergency responders.
(2) Prepare a response to event-driven situations
affecting the emotional well-being of first emergency
responders.
(b) Regulations PROTOCOL .--The department shall promulgate
regulations to serve as a protocol for those regional emergency
medical services councils that choose to establish regional
ESTABLISH A PROTOCOL FOR THE DEPARTMENT'S critical incident
stress management programs.
§ 75A07. Trauma and suicide awareness and impact training.
(a) Training required.--Training provided under 53 Pa.C.S.
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 injury, vicarious
trauma, substance abuse and addiction, warning signs of
depression and suicide and any other topics as determined by the
department. The training shall also include the availability of
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resources under this chapter.
(A) TRAINING REQUIRED.--THE DEPARTMENT SHALL PROVIDE FOR AND
INCLUDE TRAUMA AWARENESS develop a program of trauma and suicide
awareness and impact TRAINING. THE DEPARTMENT MAY PARTNER OR
CONTRACT WITH A THIRD-PARTY ENTITY TO PROVIDE THE NECESSARY
TRAINING. THE DEPARTMENT SHALL REQUIRE trauma and suicide
awareness and impact training as a component of INITIAL AND
CONTINUING EDUCATION FOR EMERGENCY RESPONDERS AND SHALL INCLUDE
TRAUMA AWARENESS TRAINING EMS providers and shall make the
training available to other emergency responders .
(B) TRAINING TOPICS.--TRAUMA and suicide AWARENESS and
impact TRAINING SHALL INCLUDE THE FOLLOWING:
(1) EDUCATION ON STRESS MANAGEMENT.
(2) CRITICAL INCIDENTS.
(3) SIGNS AND SYMPTOMS OF POSTTRAUMATIC STRESS INJURY.
(4) VICARIOUS TRAUMA.
(5) SUBSTANCE ABUSE AND ADDICTION.
(6) WARNING SIGNS OF DEPRESSION AND SUICIDE AND ANY
OTHER RELEVANT TOPICS AS DETERMINED BY THE DEPARTMENT.
(7) THE AVAILABILITY OF ADDITIONAL RESOURCES , including
the resources created 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 emergency responders in accordance
with this chapter.
§ 75A09 . Publication.
The department and cooperating officials and agencies shall
post on their respective publicly accessible Internet websites
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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
trained peer support individual 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 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
trained peer support 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 trained peer support
services or helpline assistance or to other individuals.
(2) The emergency responder who received trained peer
support services or helpline assistance gives express consent
to the disclosure .
(3) The emergency responder who received trained peer
support 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
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consent.
(A) DISCLOSURE.--EXCEPT AS PROVIDED UNDER SUBSECTION (B), A
TRAINED PEER SUPPORT PROVIDER OR COPARTICIPANT PRESENT DURING
PEER SUPPORT SERVICES or a helpline operator MAY NOT DISCLOSE
ANY INFORMATION REGARDING AN EMERGENCY RESPONDER WITHOUT THE
CONSENT OF THE EMERGENCY RESPONDER.
(B) EXCEPTIONS.--THE PRIVILEGE ESTABLISHED UNDER SUBSECTION
(A) SHALL NOT APPLY IF ANY OF THE FOLLOWING APPLY:
(1) THE PEER SUPPORT trained peer support provider OR
HELPLINE OPERATOR REASONABLY BELIEVES A CLEAR AND PRESENT
DANGER EXISTS TO THE EMERGENCY RESPONDER OR TO OTHER
INDIVIDUALS.
(2) THE EMERGENCY RESPONDER HAS GIVEN EXPRESS CONSENT TO
DISCLOSE INFORMATION.
(3) THE EMERGENCY RESPONDER IS DECEASED AND THE
SURVIVING SPOUSE OR THE EXECUTOR OR ADMINISTRATOR OF THE
ESTATE OF THE DECEASED EMERGENCY RESPONDER HAS GIVEN 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. money allocated to the
Catastrophic Medical and Rehabilitation Fu nd for victims of
trauma.
Section 2. Section 8153(c) of Title 35 is amended by adding
a paragraph to read:
§ 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
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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
deposit in the Emergency Medical Services Operating Fund.
* * *
Section 2. Section 8153(d) of Title 35 is amended to read:
§ 8153. Support of emergency medical services.
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* * *
(d) Allocation to Catastrophic Medical and Rehabilitation
Fund.--Twenty-five percent of the money in the Emergency Medical
Services Operating Fund shall be allocated to a Catastrophic
Medical and Rehabilitation Fund for victims of trauma and to
carry out the provisions of Chapter 75A (relating to emergency
responder mental wellness and stress management). After the
exhaustion of all alternative financial resources, other than
those excluded by the department from consideration, the
catastrophic fund shall be available for the purchase of
medical, rehabilitation and attendant care services for trauma
victims and may be made available for the purchase of supportive
services such as respite care and counseling services for the
family or household members of trauma victims. The department
may, by regulation, prioritize the distribution of funds by and
within classification of traumatic injury.
* * *
Section 4 3. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE ADDITION OF 35 PA.C.S. § 75A02(B) SHALL TAKE
EFFECT IN 180 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
IMMEDIATELY.
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