5 ILCS 840/23: Confidentiality of critical incident stress management communications.

(This Section may contain text from a Public Act with a delayed effective date)

(a) In this Section:

"Civilian employee" means an employee of a law enforcement, fire, or emergency medical services agency who is not a first responder.

"Critical incident" means an event that results in acute or cumulative psychological stress or trauma to emergency service personnel. "Critical incident" includes, but is not limited to, an encounter that may result in the death of or serious injury to another person or the imminent potential of such death or serious bodily injury, a fatal motor vehicle accident, a child abuse investigation, a death investigation, a large-scale, human-made or natural disaster, or situations or incidents during the course of a first responder's duties that cause cumulative exposure to stress.

"Critical incident stress management services" or "CISM services" means consultation, risk assessment, education, intervention, and other crisis intervention services provided by a CISM team or CISM team member to a first responder, civilian employee or an immediate family member of a first responder or civilian employee before, during, or after a critical incident.

"Critical incident stress management team" means a group that is organized to provide critical incident stress management to emergency service providers and that consists of critical incident stress management team members. "Critical incident stress management team" includes members from any emergency service discipline, mental health professionals, and designated emergency service chaplains.

"Critical incident stress management team member" or "CISM team member" means an individual who satisfies all of the following:

(1) is specially trained to provide CISM services to assist and provide support to a first responder who has been involved in a critical incident that may affect, or has affected, the person's work performance or general well-being; and

(2) meets the requirements of a nationally accredited critical incident stress management organization or network.

"First responders" means federal, State, and local law enforcement officers, fire and emergency medical services personnel, hazardous materials response team members, 9-1-1 dispatchers, chaplains, or any individuals who are responsible for the protection and preservation of life, property, and evidence and who have been sent or directed to respond to a request for assistance as a result of a critical incident.

"Immediate family member" means a spouse, dating partner, person with a child in common, parent, child, step-relative, and people sharing a dwelling.

"Participant" means any of the following:

(1) a first responder who obtains or has obtained CISM services or wellness program services;

(2) a first responder's immediate family member who obtains or has obtained wellness program services;

(3) a civilian employee who obtains or has obtained wellness program services; or

(4) a civilian employee's immediate family member who obtains or has obtained wellness program services.

"Trained peer support member" means a first responder who is designated as a peer support member by a State, county, or municipal law enforcement, fire, or emergency medical services agency and who is specially trained to provide a participant with wellness program services.

"Wellness program" means a voluntary and comprehensive health initiative designed to improve the well-being of participants through the use of trained peer support members.

"Wellness program services" means any one or more of the following services provided through a wellness program:

(1) counseling;

(2) spiritual guidance; and

(3) education about financial resources, health resources, legal assistance, and stress management services.

(b) Except as provided in subsections (c-5) and (d) of this Section, all proceedings, communications, and records, including any information acquired by a CISM team, CISM team member, or trained peer support member from a participant, are confidential. A CISM team member or trained peer support member may not be compelled to disclose the proceedings, communications, or records, including any information acquired, through compulsory legal process, and the confidential proceedings, communications, records, and information under this subsection (b) are not discoverable or admissible in evidence in any action, including any legal proceeding, trial, or investigation unless the confidentiality is waived by the affected participant.

(c) The privileges in subsection (b) of this Section apply only if the proceedings, communications, or records, including information acquired, are obtained during the provision of CISM services or wellness program services.

(c-5) Any communication under subsection (b) is subject to a subpoena for good cause shown.

(d) The privileges established under subsection (b) of this Section do not apply if any of the following occur:

(1) the communication indicates an intent to engage in conduct likely to result in imminent death or serious physical injury to the participant or another individual;

(2) the person receiving critical incident stress management services discloses information that is required to be reported under the mandated reporting laws, including, but not limited to, the reporting of maltreatment of minors or the reporting of maltreatment of vulnerable adults, provided the disclosure is only for the purpose of reporting maltreatment and limited to information necessary to make such a report;

(3) the participant expressly waives the privilege or gives consent to disclosure of the privileged communication;

(4) the participant is deceased and the surviving spouse or the executor or administrator of the estate of the deceased participant expressly waives the privilege or gives consent to disclosure of the privileged communication; or

(5) the participant sought or obtained the CISM services or wellness program services to enable or aid anyone to commit or plan to commit what the participant knew, or reasonably should have known, was a fraud or other crime.

(e) Information otherwise available from the original source is not privileged from discovery or use in any civil or criminal action merely because the information was disclosed by a participant during CISM services or wellness program services if the disclosure of the information sought is otherwise permissible and the information is otherwise discoverable.