2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 69 - HEALTH AND SAFETY (35 PA.C.S.) - OMNIBUS AMENDMENTS

Session of 2020

No. 2020-69

 

HB 1459

 

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.  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

Sec.

75A01.  Definitions.

75A02.  Mental wellness and stress management 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.

75A10.  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 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 of an individual, 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.

"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 guidelines."  A plan that:

(1)  Requires education and training on traumatic brain injuries and traumatic stress, including acute stress reactions, acute stress disorder, post-traumatic 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 post-traumatic 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 post-traumatic 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 provider.

"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 guidelines.

(a)  General rule.--The secretary, in consultation with cooperating officials and agencies, shall develop mental wellness and stress management guidelines to assist emergency responders who:

(1)  Suffer or may have suffered post-traumatic 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 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.

(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.

(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 post-traumatic 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.

(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.

(c)  Credentialing requirement.--The department shall 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.

(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 post-traumatic 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.

(c)  Posting.--A sign shall be posted at all sites where 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 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)  (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 post-traumatic 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 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.

§ 75A10.  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 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 3.  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 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 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 within classification of traumatic injury.

* * *

Section 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.

 

APPROVED--The 23rd day of July, A.D. 2020.

 

TOM WOLF