Montana Code 39-74-105. Critical incident meetings closed — confidentiality — exceptions
39-74-105. Critical incident meetings closed — confidentiality — exceptions. (1) To protect the privacy rights of an emergency service provider in receiving critical incident stress management and response services, critical incident stress management debriefing meetings and other critical incident stress management and response services meetings are closed to the general public and may be closed to anyone who was not directly involved in the critical incident that is the subject of the meeting.
Terms Used In Montana Code 39-74-105
- Critical incident: means an event that results in acute or cumulative psychological stress or trauma to an emergency service provider as a result of response to the incident. See Montana Code 39-74-104
- Critical incident stress: means an unusually strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning and that results from the response to a critical incident. See Montana Code 39-74-104
- Critical incident stress management: means a process of crisis intervention designed to assist emergency service personnel in coping with the psychological trauma resulting from response to a critical incident. See Montana Code 39-74-104
- Critical incident stress management and response services: means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member to emergency service personnel. See Montana Code 39-74-104
- Critical incident stress management team: means the group of one or more trained volunteers or paid professionals who offer critical incident stress management and response services following a critical incident. See Montana Code 39-74-104
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
(2)Any information divulged to the team during the provision of critical incident stress management and response services must be kept confidential and may not be disclosed to a third party or in a criminal, civil, or administrative proceeding unless the merits of disclosure exceed the demands of an individual’s privacy. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action.
(3)The confidentiality privilege provided in subsections (1) and (2) does not apply:
(a)for the appropriate referral to or consultation with other critical incident stress management team members or related qualified professionals;
(b)if the emergency service provider conveys that the provider is an imminent threat to the provider or anyone else or if the provider appears to be an imminent threat to the provider or anyone else;
(c)if the emergency services provider divulges information regarding a past, present, or future criminal act that does not involve the critical incident;
(d)if the emergency service provider or the provider’s legal guardian gives consent;
(e)if the emergency service provider is deceased; or
(f)to the facts divulged by the emergency service provider concerning a person injured in a critical incident and the services and care provided to or withheld from that person by an emergency service provider.