Section 20O. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
''Certified emergency service provider'', an emergency service provider certified by the Massachusetts Peer Support Network or International Critical Incident Stress Foundation, Inc.
''Crisis intervention'', immediate short-term psychological care provided by a certified emergency service provider providing critical incident stress management to an emergency service provider after said emergency service provider's response to a critical incident.
''Crisis intervention services'', consultation, counseling, debriefing, defusing, intervention services, prevention or referral.
''Critical incident'', an event resulting in psychological stress or trauma to an emergency service provider as a result of said emergency service provider's response to the incident.
''Critical incident stress management'', a program designed to assist an emergency service provider in coping with the psychological stress or trauma resulting from said emergency service providers response to a critical incident.
''Emergency service provider'', an active or retired law enforcement officer, police officer, state police trooper, sheriff or deputy sheriffs, firefighter, or emergency medical personnel.
''Secretary'', the secretary of the executive office of public safety and homeland security.
(b) (i) Information provided by an emergency service provider to a certified emergency service provider or licensed mental health professional as part of crisis intervention services provided by the certified emergency service provider or licensed mental health professional to the emergency service provider shall be confidential and the certified emergency service provider or licensed mental health professional shall not be required or compelled to testify or otherwise divulge any information provided by an emergency service provider to the certified emergency service provider or licensed mental health professional as part of crisis intervention services performed by the certified emergency service provider or licensed mental health professional, except as provided by subsection (c).
(ii) Information provided by an emergency service provider to a certified emergency service provider or licensed mental health professional as part of crisis intervention services provided by the certified emergency service provider or licensed mental health professional to the emergency service provider shall be confidential and shall not be disclosed to a third party, except as provided by subsection (c).
(c) Subsection (b) shall not apply to information provided by an emergency service provider to a certified emergency service provider or licensed mental health professional as part of crisis intervention services provided by the certified emergency service provider or licensed mental health professional to the emergency service provider if:
(i) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services is in need of treatment in a hospital for mental or emotional illness or that there is a threat of imminently dangerous activity by the emergency service provider receiving the crisis intervention services against himself or herself or another person;
(ii) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has engaged in conduct required to be reported pursuant to section 51A of chapter 119;
(iii) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has engaged in conduct in violation of any federal or state law;
(iv) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has admitted to criminal conduct;
(v) the certified emergency service provider or licensed mental health professional providing crisis intervention services has reasonable cause to believe that the emergency service provider receiving the crisis intervention services has admitted to conduct that constitutes a violation of the laws that are normally enforced by the entity for which the emergency service provider receiving the crisis intervention services is employed;
(vi) the certified emergency service provider or licensed mental health professional providing crisis intervention services was an initial emergency service responder, a witness, or a party to the critical incident that prompted an emergency service provider to engage in crises intervention services; or
(vii) the emergency service provider receiving the crisis intervention services waives confidentiality and gives express consent for the certified emergency service provider or licensed mental health professional to testify or the emergency service provider receiving the crisis intervention services otherwise divulges information related to such services to any third party.
(d) An emergency service provider who provides crisis intervention services to emergency service providers pursuant to this section shall: (i) be certified by the Massachusetts Peer Support Network or International Critical Incident Stress Foundation, Inc.; (ii) provide documentation of such certification to their employer; and (iii) annually provide their employer with proof of such certification.
An entity employing a certified emergency service provider shall maintain the documentation provided by the employee under this subsection of the employee's certification by the Massachusetts Peer Support Network or the International Critical Incident Stress Foundation, Inc. Such documentation shall be made available at the request of the secretary.
(e) If an entity employing a certified emergency service provider determines that an employee has violated this section, the entity shall promptly notify in writing the Massachusetts Peer Support Network and or the International Critical Incident Stress Foundation, Inc. of the violation. An employee that violates this section shall be considered decertified and shall not be eligible to provide crisis intervention services as a certified emergency service provider for a period of 5 years.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 233 - Witnesses and Evidence
Section 1 - Issuance of Summonses for Witnesses
Section 2 - Service of Summons
Section 3 - Witness Fees; Payment or Tender
Section 3a - Representation of Commissioner of Banks
Section 4 - Liability for Nonattendance
Section 5 - Penalty for Nonattendance; Contempt
Section 6 - Warrant for Nonattending Witness
Section 7 - Witnesses Before Executive Council
Section 8 - Bodies Authorized to Summon Witnesses; Oath
Section 9 - Warrant for Witness Failing to Attend Before Nonjudicial Tribunal
Section 10 - Enforcing Attendance Before Nonjudicial Tribunal
Section 11 - Requiring Testimony
Section 12 - Summons for Attendance at Criminal Trial Outside State
Section 13 - Penalty for Nonattendance Outside State
Section 13a - Attendance of Witnesses Outside State; Hearing and Summons; Failure to Attend
Section 13b - Attendance of Witness From Another State; Fees; Failure to Attend
Section 13c - Exemption From Arrest and Process of Witnesses From Outside State
Section 13d - Short Title; Construction of Law
Section 14 - Persons Authorized to Administer Oaths
Section 15 - Mode of Administering Oaths
Section 16 - Mode Requested by Affiant
Section 17 - Affirmation by Quakers
Section 18 - Affirmation for Reasons of Conscience
Section 19 - Oaths of Non–christians
Section 20 - Competency of Witnesses; Husband and Wife; Criminal Defendant; Parent and Child
Section 20a - Privileged Communications; Communications With Clergymen
Section 20b - Privileged Communications; Patients and Psychotherapists; Exceptions
Section 20c - Immunity From Prosecution; Privilege Against Self-Incrimination
Section 20d - Crimes Subject to Immunity
Section 20h - Contempt of Court; Punishment; Appeal
Section 20k - Domestic Violence Victims' Counselors; Confidential Communications
Section 20l - Confidentiality of Domestic Violence Victims' Program and Rape Crisis Center Locations
Section 21 - Proof of Conviction of Crime to Affect Credibility
Section 21a - Evidence of Reputation
Section 21b - Evidence of Sex Crime Victim's Sexual Conduct; Admission Hearing; Findings
Section 22 - Cross-Examination of Adverse Party; Corporation's Agent as Adverse Party
Section 23 - Impeachment of Party's Own Witness
Section 23a - Admissibility of Written or Recorded Statements of Party to Personal Injury Action
Section 23b - Accused; Statements Made While Undergoing Psychiatric Examination; Admissibility
Section 23f - Admissibility of Past Physical, Sexual or Psychological Abuse of Defendant
Section 24 - Depositions in Civil Cases Authorized
Section 24a - Medical Witnesses
Section 25 - Grounds for Deposition
Section 26 - Notice of Taking Deposition
Section 27 - Persons on Whom Notice May Be Served
Section 29 - Verbal Notice; Waiver of Notice, Etc.
Section 30 - Oath and Examination of Deponent
Section 31 - Order of Examination
Section 32 - Mode of Taking Deposition
Section 33 - Certification of Deposition
Section 34 - Delivery and Preservation of Deposition
Section 35 - Exclusion of Deposition
Section 36 - Objections to Deposition
Section 37 - Use of Deposition in Second Action
Section 38 - Compelling Giving of Deposition; Place
Section 39 - Place of Taking Deposition of Nonresident Found Within Commonwealth
Section 40 - Rules for Taking Depositions
Section 41 - Taking Deposition Outside Commonwealth
Section 42 - Written Interrogatories; Notice to Adverse Party; Production of Documents
Section 43 - Rules for Taking Depositions Outside of Commonwealth
Section 44 - Foreign Depositions Obtained Contrary to Statute
Section 45 - Deposition for Use in Another State
Section 46 - Application to Take Deposition to Perpetuate Testimony
Section 47 - Notice of Taking Deposition; Compelling Testimony
Section 48 - Objections to Taking Deposition; Procedure
Section 49 - Mode of Taking Deposition
Section 50 - Recording Deposition
Section 51 - Use of Deposition in Action
Section 52 - Perpetuation of Testimony of Nonresidents
Section 53 - Application to Perpetuate Testimony of Nonresidents
Section 54 - Notice of Taking Deposition
Section 55 - Issuance of Commission
Section 56 - Written Interrogatories
Section 57 - Rules for Perpetuation of Testimony of Witnesses Without Commonwealth
Section 58 - Use of Deposition
Section 59 - Perpetuation of Testimony for Use Against All Persons
Section 60 - Application for Deposition
Section 61 - Naming Persons Interested; Notice of Taking Deposition
Section 62 - Recording Deposition
Section 63 - Use of Deposition Against Any Person
Section 64 - Admissibility of Dying Declaration of Woman
Section 65 - Admissibility of Declaration of Decedent
Section 65a - Admissibility of Deceased Party's Answers to Interrogatories
Section 66 - Evidence in Actions Against an Executor or Administrator
Section 67 - Evidence in Equity
Section 68 - Proof of Signature to Attested Instrument
Section 69 - Records of Courts of Other States or United States
Section 70 - Judicial Notice of Foreign Law
Section 73 - Foreign Oaths and Affidavits
Section 74 - Evidence of Acts of Incorporation
Section 75 - Admissibility of Printed Copies of Acts of Legislative and Administrative Bodies
Section 76 - Admissibility of Authenticated Records of Governmental Departments
Section 76a - Authenticated Copies of Documents Filed With Securities and Exchange Commission
Section 77 - Authenticated Copies of Records of Banks and Trust Companies
Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment
Section 79a - Certified Copies of Public and Private Records
Section 79b - Fact Statements Published for Persons in Particular Occupation
Section 79c - Statements of Fact or Opinion in Scientific Publication; Notice of Intention to Use
Section 79d - Photographic Copies of Newspaper in Library; Prints From Photographic Films
Section 79e - Reproductions of Public or Business Records
Section 79f - Proof of Public Way
Section 79g - Medical and Hospital Services; Evidence
Section 79k - Duplicate of Computer Data File or Program File; Admissibility
Section 80 - Transcripts From Stenographic Notes
Section 81 - Criminal Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility
Section 82 - Civil Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility
Section 83 - Custody Hearings; Out-of-Court Statements Describing Sexual Contact; Admissibility