KRS 95A.292: Alan "Chip" Terry Professional Development and Wellness Program --

Administrative regulations -- Funding -- Leave following critical incident.

(1) The commission shall establish the Alan "Chip" Terry Professional Development

and Wellness Program for firefighters and rescue squad members.

(2) As used in this section, "rescue squad member" means an individual who is a

member of a rescue squad as defined in KRS 39F.010.

(3) The program shall:

(a) Use seminar-based peer support and counseling services designed to reduce

negative mental and behavioral health outcomes; and

(b) Be offered to Kentucky professional and volunteer firefighters and rescue

squad members in Kentucky at least two (2) times each calendar year.

(4) On a limited basis, the p rogram may be offered to professional and volunteer

firefighters and rescue squad members from states other than Kentucky upon

application to and approval by the executive director. However, no Kentucky

professional and volunteer firefighters or rescue squ ad members may be denied

admission to the program if professional and volunteer firefighters or rescue squad

members from another state are admitted to the program.

(5) The commission shall promulgate administrative regulations in accordance with

KRS Chapt er 13A to implement this section. The administrative regulations shall

address, at a minimum:

(a) The required qualifications and duties of any person used by the commission

to implement or administer the program;

(b) The curriculum, programming, seminar type, and treatment modalities used in

the program;

(c) The extent to which a participating firefighter's or rescue squad member's

relatives or friends may participate in seminars;

(d) The standards by which professional and volunteer firefighters or rescue

squad members from other states may be accepted into the program by the

executive director; and

(e) A protocol for establishing reciprocity for interagency assistance with other

state, federal, and tribal professional and volunteer firefighters or rescue squad

members in administering the program.

(6) The commission shall enter into an agreement with the Division of Emergency

Management to provide rescue squad members with access to the program.

(7) (a) Except as provided in paragraphs (b) and (c) of this subsection,

communications, identifying data, and any reports made in the application for

or in the course of a firefighter's or rescue squad member's participation in the

program shall be confidential and privileged from disclosure in any civil or

criminal proceeding and shall not be subject to discovery, disclosure, or

production upon the order or subpoena of a court or other agency with

subpoena power, regardless of who possesses the m. The participating

firefighter or rescue squad member is the holder of the privilege.

(b) The commission may use anonymous data for research, statistical analysis,

and educational purposes.

(c) Any communication making an actual threat of physical violen ce against a

clearly identified or reasonably identifiable victim or an actual threat of some

specific violent act may be revealed by the program in order to prevent the

commission of any physical violence or violent act using the protocol

established in KRS 202A.400.

(8) (a) There is hereby established in the State Treasury a restricted fund to be known

as the professional and volunteer firefighters Professional Development and

Wellness Program fund.

(b) The fund shall consist of moneys received from the F irefighters Foundation

Program fund established in KRS 95A.220, grants, gifts, state appropriations,

and federal funds.

(c) The fund shall be administered by the commission.

(d) Amounts deposited in the fund shall be used only for administration of the

program.

(e) Notwithstanding KRS 45.229, fund amounts not expended at the close of a

fiscal year shall not lapse but shall be carried forward to the next fiscal year.

(f) Any interest earnings of the fund shall become a part of the fund and shall not

lapse.

(9) (a) For the purposes of this subsection, "critical incident" means any event that

has a stressful impact sufficient enough to overwhelm a firefighter or rescue

squad member's usual coping strategies. These events may include:

1. A fire or vehicle crash resulting in serious injury or death to a first

responder or citizen;

2. A firefighter or rescue squad member being the victim of a felonious

assault;

3. The death of a colleague or partner;

4. A death of, or serious injury to, a person in the medical car e of the

firefighter or rescue squad member;

5. The severe injury to, or death of, a child, particularly if the firefighter or

rescue squad member has a child of or near the same age; or

6. An incident involving multiple deaths or injuries in a short amoun t of

time.

(b) Any firefighter or rescue squad member involved directly in a critical incident

may take up to forty-eight (48) hours of leave immediately following a critical

incident. This leave may commence upon:

1. The completion of that firefighter's o r rescue squad member's shift

encompassing the critical incident, or when all necessary administrative

procedures relating to a critical incident have been completed; and

2. The firefighter or rescue squad member informs his or her supervisor.

(c) For regular firefighters, this leave may be unpaid or paid leave. The pay status

is to be determined by the firefighter's employment contract, collective labor

agreement if any, or by written departmental policy. This subsection shall not

be construed to set aside any employment contract, labor agreement, or

departmental policies that grant more than forty -eight (48) hours of leave

following an officer involved critical incident.

(d) For volunteer firefighters, this leave may be unpaid or paid leave. The pay

status is to be determined by the firefighter's written departmental policy.

(e) For rescue squad members, this leave may be unpaid or paid leave. The pay

status is to be determined by a written policy of the Division of Emergency

Management.