An Act to Protect Communication with Providers of Critical Incident Stress Management and Peer Support

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 568 - L.D. 882
An Act to Protect Communication with Providers of Critical Incident Stress
Management and Peer Support
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA c. 501, headnote is amended to read:
CHAPTER 501
CRITICAL INCIDENT STRESS MANAGEMENT TEAMS AND PEER
SUPPORT
Sec. 2. 25 MRSA §4201, as amended by PL 2019, c. 89, §§1 to 5, is repealed.
Sec. 3. 25 MRSA §4201-A is enacted to read:
§4201-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Affected person. "Affected person" means a member or employee of a provider or
a person providing emergency care or response services on behalf of a provider.
2. Critical incident. "Critical incident" means a work-related incident that causes or
has the potential to cause an affected person to experience emotional or physical stress.
"Critical incident" includes, but is not limited to, use-of-force encounters that may result in
the death of or serious injury to another person or an affected person, fatal motor vehicle
accidents, child abuse investigations, emergency care or response operations and death
investigations.
3. Critical incident stress management. "Critical incident stress management" means
services provided in an individual or group setting and facilitated by a peer support person
or licensed mental health clinician to an affected person, or a group of affected persons,
when the affected person has been involved in a critical incident that can reasonably have
a devastating, long‑lasting effect on the affected person. "Critical incident stress
APPROVED
APRIL 13, 2026
BY GOVERNOR
CHAPTER
678
PUBLIC LAW
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management" includes assisting the affected person to appropriately process the trauma
and stress associated with a critical incident and connecting the affected person to
appropriate resources.
4. Critical incident stress management team. "Critical incident stress management
team" means either of the following persons or groups of persons that has an established
relationship with a licensed mental health clinician who is available for consultation, as the
team members determine to be necessary, and for at least one meeting annually:
A. A team of peer support persons designated by the chief or director of a public safety
agency, private safety agency or public safety answering point or of an organization
involved in emergency care or response; the sheriff of a county jail; or the chief
administrative officer of a correctional facility as defined in Title 34-A, section 1001,
subsection 6, or any such person's designee; or
B. A volunteer team coordinator from a nonprofit entity that is trained to assist and
provide critical incident stress management or peer support.
5. Peer support. "Peer support" means the provision of emotional support to an
affected person by a member of a peer team or a peer support person for the purpose of
addressing issues resulting from or related to a critical incident experienced by the affected
person.
6. Peer support person. "Peer support person" means a person who provides critical
incident stress management or peer support and is trained in accordance with accepted best
practices.
7. Peer team. "Peer team" means a team of active or retired-in-good-standing members
or employees of one or more providers that provides peer support to affected persons that
have been involved in a critical incident and that is trained through an organized peer
support training program that meets or exceeds peer support training standards adopted by
the International Association of Fire Fighters or the International Association of Chiefs of
Police, or their successor organizations.
8. Private safety agency. "Private safety agency" has the same meaning as in section
2921, subsection 6-A.
9. Provider. "Provider" means a public safety agency, private safety agency or public
safety answering point; an organization involved in emergency care or response; a
correctional facility as defined in Title 34-A, section 1001, subsection 6; a sheriff's office;
or a county jail.
10. Public safety agency. "Public safety agency" has the same meaning as in section
2921, subsection 6‑B.
11. Public safety answering point. "Public safety answering point" has the same
meaning as in section 2921, subsection 7.
Sec. 4. 25 MRSA §4202, as amended by PL 2019, c. 89, §6, is repealed.
Sec. 5. 25 MRSA §4203 is enacted to read:
§4203. Critical incident stress management and peer support; testimony;
confidentiality; disclosure
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1. Consent to testify. A peer support person, peer team or member of a peer team or
an individual who participates in a structured critical incident stress management or peer
support activity may not be compelled to testify in any civil or criminal action, suit or
proceeding at law or in equity regarding any information that may have been acquired in
providing, receiving or participating in critical incident stress management or peer support,
except at the request of, or with the consent of, the relevant affected person.
2. Confidentiality. Proceedings, communications and records connected with the
provision of critical incident stress management or peer support are confidential and are
not subject to subpoena, discovery or introduction into evidence in a civil or criminal action
unless the confidentiality is waived by the relevant affected person. Statistical data that
does not identify a person seeking the assistance of a critical incident stress management
team or peer team must be made available for statistical evaluation and may not be made
available for any other purpose.
3. Disclosure required by law. This section does not prohibit disclosure by a person
that provides critical incident stress management or peer support of information concerning
an affected person if the disclosure is required pursuant to any applicable law or the person
that provides critical incident stress management or peer support reasonably believes, in
that person's judgment, that the affected person presents a danger to the affected person or
to others. This subsection does not modify or affect the provisions of Title 22, sections
4011-A to 4015.