Maine Revised Statutes Title 25 Sec. 4202 – Critical incident stress management teams
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1. Information confidential. Except as provided in subsection 2, all proceedings, communications and records, including, but not limited to, information concerning the identity of a person seeking or being furnished assistance, connected in any way with the work of a critical incident stress management team, including critical incident stress management peer support persons, are confidential and are not subject to compulsory legal process or otherwise discoverable or admissible in evidence in any civil action unless the confidentiality is waived by the affected person. Statistical data not identifying a person seeking the assistance of a critical incident stress management team must be made available for statistical evaluation and may not be made available for any other purpose.
[PL 2019, c. 89, §6 (AMD).]
Terms Used In Maine Revised Statutes Title 25 Sec. 4202
- 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 officer, member or employee, fatal motor vehicle accidents, child abuse investigations, emergency care or response operations and death investigations. See Maine Revised Statutes Title 25 Sec. 4201
- Critical incident stress management peer support: includes assisting the employee, member or officer to appropriately process the trauma and stress and connecting that person to appropriate resources. See Maine Revised Statutes Title 25 Sec. 4201
- Critical incident stress management team: means :
A. See Maine Revised Statutes Title 25 Sec. 4201Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Statute: A law passed by a legislature.
2. Mandatory disclosure of information. Unless protected by a privilege of law recognized by this State, a member of a critical incident stress management team must disclose to appropriate federal, state or local government agencies or law enforcement agencies the following types of information:
A. An admission by a person seeking the assistance of the critical incident stress management team that the person has committed a crime; [PL 2009, c. 289, §1 (NEW).]
B. A disclosure of information by a person seeking the assistance of a critical incident stress management team that must be reported pursuant to any applicable law; or [PL 2009, c. 289, §1 (NEW).]
C. A disclosure of information by a person seeking the assistance of a critical incident stress management team that would lead one to reasonably think that the person seeking assistance is a danger to that person or to another person. [PL 2009, c. 289, §1 (NEW).]
Information disclosed under this subsection is no longer confidential unless it is otherwise designated confidential by statute.
[PL 2009, c. 289, §1 (NEW).]
SECTION HISTORY
PL 2009, c. 289, §1 (NEW). PL 2019, c. 89, §6 (AMD).