Michigan Laws 333.20982 – Confidentiality of communication or record; exceptions
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Terms Used In Michigan Laws 333.20982
- CISM services: means services provided by a critical incident stress management team or critical incident stress management team member to an emergency service provider affected by a critical incident or a series of critical incidents that are designed to assist the emergency service provider in coping with critical incident stress or to mitigate reactions to critical incident stress. See Michigan Laws 333.20981
- CISM team: means an organized community or local crisis response team that is a member of the Michigan Crisis Response Association Network. See Michigan Laws 333.20981
- CISM team member: means an individual who is specially trained to provide critical incident stress management services as a member of a critical incident stress management team. See Michigan Laws 333.20981
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Emergency service provider: means any of the following:
(i) An individual who provides emergency response services, including a law enforcement officer, corrections officer, firefighter, emergency medical services provider, dispatcher, emergency response communication employee, or rescue service provider. See Michigan Laws 333.20981Evidence: 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. Subpoena: A command to a witness to appear and give testimony.
(1) Except as otherwise provided in this section, a communication made by an emergency service provider to a CISM team member while the emergency service provider receives CISM services is confidential and shall not be disclosed in a civil, criminal, or administrative proceeding. A record kept by a CISM team member relating to the provision of CISM services to an emergency service provider by the CISM team or a CISM team member is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil, criminal, or administrative proceeding.
(2) A communication or record described in subsection (1) is not confidential if any of the following circumstances exist:
(a) The CISM team member reasonably needs to make an appropriate referral of the emergency service provider to or consult about the emergency service provider with another member of the CISM team or an appropriate professional associated with the CISM team.
(b) The communication conveys information that the emergency service provider is or appears to be an imminent threat to himself or herself, a CISM team member, or any other individual.
(c) The communication conveys information relating to child or elder abuse.
(d) The emergency service provider or the legal representative of the emergency service provider expressly agrees that the emergency service provider’s communication is not confidential.