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Mass. Legislature passes bill guaranteeing confidentiality for police crisis counseling

The lack of confidentiality has led some officers and other first responders to avoid seeking help due to stigma, supporters of the bill said

By Police1 Staff

BOSTON — Massachusetts recently moved forward with a bill that will guarantee confidentiality when a police officer or firefighter talks to a peer counselor.

The bill passed the state House unanimously on Tuesday after being passed in the Senate on July 26, MassLive reported. The lack of confidentiality has led some officers and other first responders to avoid seeking help due to stigma, supporters of the bill said.

“It’s another tool to support first responders and to protect and help those who protect and serve,” said Rep. Harold Naughton, D-Clinton, House chairman of the Committee on Public Safety and Homeland Security. “It will create a mechanism by which our first responders can seek mental health assistance without fear of stigma and with the knowledge that it will be private and discreet.”

The issue at hand involves crisis intervention services, which are debriefings or short-term counseling sessions given to emergency service responders by another trained responder following a critical incident. The services are not protected by HIPPA, which guarantees patient confidentiality for other medical services.

Under the bill, any crisis intervention session with a first responder or mental health professional would be kept confidential. In addition, the person providing the service can’t be forced to testify about or otherwise divulge the information.

The measure does list exceptions, including when is someone poses a danger to themselves, if someone admits criminal activity or reveals the existence of a crime, or if the person gives a written consent.

“Police officers, firefighters, and paramedics work under trying circumstances in the best of times, and these critical incidents can greatly increase the dangers associated with mental health,” said Sen. Michael Moore, D-Millbury, Senate chairman of the Committee on Public Safety and Homeland Security, in a statement. “These sensible confidentiality protections will allow our firefighters, paramedics and law enforcement officers to seek the help they need without fear of stigmatization.”

The bill will need additional procedure votes before heading to Gov. Charlie Baker.

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