Trial Engrossment of Amendment A06705 to House Bill 1459 P.N. 3945, Regular Session 2019-2020

SENATE AMENDED

A06705

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,

INNAMORATO, QUINN, MALAGARI, KORTZ, DONATUCCI, SIMS, LEE,

WEBSTER, T. DAVIS, RABB, KENYATTA AND SAMUELSON, MAY 14, 2019

SENATOR REGAN, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, IN

SENATE, AS AMENDED, JUNE 22, 2020

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania

Consolidated Statutes, IN GENERAL PROVISIONS RELATING TO

EMERGENCY MANAGEMENT SERVICES, FURTHER PROVIDING FOR

DEFINITIONS; 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; IN MISCELLANEOUS PROVISIONS, FURTHER PROVIDING FOR

IMMUNITY FROM CIVIL LIABILITY; and, in emergency medical

services system, further providing for support of emergency

medical services;.

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:

SECTION 1. THE DEFINITION OF "PERSON" IN SECTION 7102 OF

TITLE 35 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO

READ:

§ 7102. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL

HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE

MEANINGS GIVEN TO THEM IN THIS SECTION:

* * *

"PERSON." AN INDIVIDUAL, CORPORATION, [FIRM,] ASSOCIATION,

PARTNERSHIP, LIMITED LIABILITY COMPANY, BUSINESS TRUST,

GOVERNMENT ENTITY, INCLUDING THE COMMONWEALTH, FOUNDATION,

PUBLIC UTILITY, TRUST[,] OR ESTATE[, PUBLIC OR PRIVATE

INSTITUTION, GROUP, THE COMMONWEALTH OR A LOCAL AGENCY OR

POLITICAL SUBDIVISION AND ANY LEGAL SUCCESSOR, REPRESENTATIVE OR

AGENCY OF THE FOREGOING].

* * *

SECTION 2. TITLE 35 IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 75A

Emergency Responder Mental Wellness

and Stress Management

EMERGENCY RESPONDER MENTAL WELLNESS

AND STRESS MANAGEMENT

Sec.

75A01. Definitions.

75A02. Mental wellness and stress management protocol

GUIDELINES .

75A03. Peer-to-peer support programs.

75A04. Trained peer support providers .

75A05. Toll-free helpline.

75A06. Statewide Critical Incident Stress Management Program.

75A07. Trauma and suicide awareness and impact training.

75A08. Nonprofit organizations.

75A09. Publication.

7 5A10 . Confidential communications involving emergency

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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 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.

"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.

"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.

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"Department." The Department of Health of the Commonwealth.

"Emergency responder." Any of the following:

(1) A current or former CERTIFIED EMERGENCY MEDICAL

SERVICES PROVIDER, 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.

"Mental wellness and stress management protocol."

guidelines." A plan that:

(1) Requires education and training on traumatic brain

injuries and traumatic stress, including acute stress

reactions, acute stress disorder, posttraumatic stress

injuries and other emotional reactions and components of

trauma reaction for emergency responders.

(2) Sets responsibilities for public agencies and

emergency responders who sustain a posttraumatic stress

injury or traumatic brain injury arising from their work.

(3) Provides remedial supportive actions for 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:

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(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 provider .

"Posttraumatic stress injury." 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).

"Post-traumatic stress injury." A post-traumatic stress

disorder as defined by the American Psychiatric Association and

documented in the American Psychiatric Association's Diagnostic

and Statistical Manual of Mental Disorders, 5th edition.

"Public agency." As defined under section 5302 (relating to

definitions).

"Secretary." The Secretary of Health of the Commonwealth.

" Trained peer support 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

GUIDELINES .

(a) General rule.--The secretary, in consultation with

cooperating officials and agencies, shall develop a mental

wellness and stress management protocol GUIDELINES to assist

emergency responders who:

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(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) Compliance.-- Emergency responders and public agencies

for which emergency responders perform their duties shall comply

with the protocol GUIDELINES 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-to-peer support service

program within the service area of each of 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 and any other entities

designated by the department.

the peer-to-peer support programs in a manner that ensures

access to a program by all emergency responders within this

Commonwealth.

(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 deems

necessary .

(e) Critical incident stress management.-- The program shall

incorporate critical incident stress management intervention.

§ 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 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.

establish a clear credentialing requirement and a certificate

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.

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(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

an individual adequately trained in identifying posttraumatic

stress injuries and other emotional and psychological reactions

common to emergency responders or capable of making an

appropriate referral to either a peer-to-peer support program or

a licensed behavioral health professional for further mental

health evaluation or care.

emergency responders serve and shall :

(1) Be no smaller than 8 1/2 by 11 inches.

(2) Be posted in a conspicuous manner clearly visible to

emergency responders.

(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.

(a) Establishment.--The department , IN CONSULTATION WITH THE

PENNSYLVANIA EMERGENCY HEALTH SERVICES COUNCIL'S CRITICAL

INCIDENT STRESS MANAGEMENT COMMITTEE, WHICH SHALL CONSIST OF

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REPRESENTATIVES OF EMERGENCY RESPONDERS AND THE PENNSYLVANIA

CRITICAL INCIDENT STRESS MANAGEMENT NETWORK, 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

emergency responders.

(2) Prepare a response to event-driven situations

affecting the emotional well-being of emergency responders.

(3) UPDATE THE CRITICAL INCIDENT STRESS MANAGEMENT TEAM

LEVEL PARTICIPATION IN THE PENNSYLVANIA VOLUNTARY CRITICAL

INCIDENT STRESS MANAGEMENT NETWORK.

(b) Protocol .--The department shall establish a protocol for

the department's critical incident stress management programs.

(RESERVED).

§ 75A07. Trauma and suicide awareness and impact training.

(a) Training required.--The department shall 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 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

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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 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

the contact information of entities offering support services

under this chapter and shall update the posting annually .

§ 7 5A10 . Confidential communications involving emergency

responders.

(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 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

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consent.

§ 75A11. Funding.

The department may expend annually an amount not to exceed

$250,000 from the money allocated to the Catastrophic Medical

and Rehabilitation Fund for victims of trauma.

Section 2. Section 8153(d) of Title 35 is amended to read:

SECTION 3. SECTIONS 7704(A) AND 8153(D) OF TITLE 35 ARE

AMENDED TO READ: Section 7704(a) of Title 35 is amended and the

section is amended by adding subsections to read:

§ 7704. IMMUNITY FROM CIVIL LIABILITY.

(A) GENERAL RULE.--NEITHER THE COMMONWEALTH, NOR ANY

COMMONWEALTH AGENCY, NOR ANY POLITICAL SUBDIVISION [THEREOF NOR

OTHER AGENCIES], NOR, EXCEPT IN CASES OF WILLFUL MISCONDUCT,

GROSS NEGLIGENCE, RECKLESSNESS OR BAD FAITH, THE AGENTS,

EMPLOYEES, VOLUNTEERS OR REPRESENTATIVES OF ANY OF THEM ENGAGED

IN ANY EMERGENCY SERVICES ACTIVITIES, NOR, EXCEPT IN CASES OF

WILLFUL MISCONDUCT [OR], GROSS NEGLIGENCE, RECKLESSNESS OR BAD

FAITH, ANY INDIVIDUAL OR OTHER PERSON UNDER CONTRACT WITH THEM

TO PROVIDE EQUIPMENT OR WORK ON A COST BASIS TO BE USED IN

DISASTER RELIEF, NOR, EXCEPT IN CASES OF WILLFUL MISCONDUCT

[OR], GROSS NEGLIGENCE, RECKLESSNESS OR BAD FAITH, ANY PERSON,

FIRM, CORPORATION OR AN AGENT OR EMPLOYEE OF ANY OF THEM ENGAGED

IN [DISASTER] EMERGENCY SERVICES ACTIVITIES, WHILE COMPLYING

WITH OR ATTEMPTING TO COMPLY WITH THIS PART OR ANY RULE OR

REGULATION PROMULGATED PURSUANT TO THE PROVISIONS OF THIS PART,

SHALL BE LIABLE FOR THE DEATH OF OR ANY INJURY TO PERSONS OR

LOSS OR DAMAGE TO PROPERTY AS A RESULT OF THAT ACTIVITY.

(a.1) Deployment protections.--A person that or an agent or

employee of an employer who is temporarily deployed by the

Commonwealth or provides equipment for the purpose of emergency

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services activities in response to a mutual aid request by the

agency shall be granted immunity under subsection (a), except in

cases of willful misconduct, gross negligence, recklessness or

bad faith, and shall not be liable for the death or injury to

persons or for damage to or loss of property as a result of that

activity. No immunity, rights or privileges shall be granted to

persons under this subsection unless deployed by the

Commonwealth in accordance with subsection (a.2).

(a.2) Deployment by the Commonwealth.--The agency shall

promulgate, adopt and enforce rules, regulations, standards,

directives and orders as may be deemed necessary to carry out

the provisions under subsection (a.1).

* * *

Section 4. Section 8153(d) of Title 35 is amended to read:

§ 8153. Support of emergency medical services.

* * *

(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

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within classification of traumatic injury.

* * *

Section 3 4 5. This act shall take effect 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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