Section § 1799.300

Explanation

This law requires emergency ambulance providers to offer peer support services to their employees upon request. Peer support services are provided by team members who have similar job roles and experiences to help with emotional or professional issues. The goal is to address stress and trauma from critical incidents and provide resources like crisis consultation, mental health support, and more.

Confidential communication is protected unless it involves a crime. Peer support can include education, stress defusing, debriefings, on-scene support, and more. Definitions are given for terms like emergency ambulance employee, peer support program, and critical incident.

(a)CA Health and Safety Code § 1799.300(a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employee’s request, peer support services. The services shall provide peer representatives, reflective of the provider’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.
(b)CA Health and Safety Code § 1799.300(b) For purposes of this chapter, the following definitions apply:
(1)CA Health and Safety Code § 1799.300(b)(1) “Confidential communication” means any information, including, but not limited to, written or oral communication, transmitted between an emergency ambulance employee, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services and in confidence by a means that, as far as the emergency ambulance employee is aware, does not disclose the information to third parties other than those who are present to further the interests of the emergency ambulance employee in delivery of peer support services or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the peer support team member is providing services. “Confidential communication” does not include a communication in which an emergency ambulance employee discloses the commission of a crime or a communication that reveals the emergency ambulance employee’s intent to defraud or deceive an investigation into a critical incident.
(2)CA Health and Safety Code § 1799.300(b)(2) “Crisis referral services” include all public or private organizations that provide consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal crises. Neither crisis referral services nor crisis hotlines include services provided by an employee association, labor relations representative, or labor relations organization, or any entity owned or operated by an employee association, labor relations representative, or labor relations organization.
(3)CA Health and Safety Code § 1799.300(b)(3) “Critical incident” means an event or situation that involves crisis, disaster, trauma, or emergency.
(4)CA Health and Safety Code § 1799.300(b)(4) “Critical incident stress” means the acute or cumulative psychological stress or trauma that emergency ambulance personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:
(A)CA Health and Safety Code § 1799.300(b)(4)(A) Physical and emotional illness.
(B)CA Health and Safety Code § 1799.300(b)(4)(B) Failure of usual coping mechanisms.
(C)CA Health and Safety Code § 1799.300(b)(4)(C) Loss of interest in the job or normal life activities.
(D)CA Health and Safety Code § 1799.300(b)(4)(D) Personality changes.
(E)CA Health and Safety Code § 1799.300(b)(4)(E) Loss of ability to function.
(F)CA Health and Safety Code § 1799.300(b)(4)(F) Psychological disruption of personal life, including their relationship with a spouse, child, or friend.
(5)CA Health and Safety Code § 1799.300(b)(5) “Emergency ambulance employee” means a person who meets both of the following requirements:
(A)CA Health and Safety Code § 1799.300(b)(5)(A) Is an emergency medical technician, dispatcher, paramedic, or other licensed or certified ambulance transport person who contributes to the delivery of ambulance services.
(B)CA Health and Safety Code § 1799.300(b)(5)(B) Is employed by an emergency ambulance provider.
(6)CA Health and Safety Code § 1799.300(b)(6) “Emergency ambulance provider” means an employer that provides ambulance services, but not including the state, or any political subdivision thereof, in its capacity as the direct employer of a person meeting the description contained in subparagraph (A) of paragraph (5).
(A)CA Health and Safety Code § 1799.300(b)(6)(A) “Emergency ambulance provider” does not include a provider that satisfies both of the following criteria:
(i)CA Health and Safety Code § 1799.300(b)(6)(A)(i) The provider operates emergency medical services aircraft.
(ii)CA Health and Safety Code § 1799.300(b)(6)(A)(ii) The provider does not operate any ground ambulance services.
(B)CA Health and Safety Code § 1799.300(b)(6)(B) For purposes of this paragraph, “emergency medical services aircraft” includes any aircraft utilized for the purpose of prehospital emergency patient response and transport as air service. These aircraft are specially constructed, modified, or equipped and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has, at a minimum, two attendants certified or licensed in advanced life support.
(C)CA Health and Safety Code § 1799.300(b)(6)(C) For purposes of this paragraph, “ground ambulance services” means the emergency, including advanced life support services, and nonemergency transportation of a person by an individual licensed pursuant to Article 1 (commencing with Section 2500) and Article 2 (commending with Section 2510) of Chapter 2.5 of Division 2 of the Vehicle Code and health care services are provided to a patient for the duration of the transportation.
(7)CA Health and Safety Code § 1799.300(b)(7) “Peer support program” means a program administered by the emergency ambulance provider to deliver peer support services to emergency ambulance employees consistent with this chapter.
(8)CA Health and Safety Code § 1799.300(b)(8) “Peer support services” means authorized peer support services provided by a peer support team member to emergency ambulance employees and their immediate families affected by a critical incident or the cumulative effect of witnessing multiple critical incidents. Peer support services assist those affected by a critical incident in coping with critical incident stress and mitigating reactions to critical incident stress, including reducing the risk of post-traumatic stress and other injuries. Peer support services may include any of the following:
(A)CA Health and Safety Code § 1799.300(b)(8)(A) Precrisis education.
(B)CA Health and Safety Code § 1799.300(b)(8)(B) Critical incident stress defusings.
(C)CA Health and Safety Code § 1799.300(b)(8)(C) Critical incident stress debriefings.
(D)CA Health and Safety Code § 1799.300(b)(8)(D) On-scene support services.
(E)CA Health and Safety Code § 1799.300(b)(8)(E) One-on-one support services.
(F)CA Health and Safety Code § 1799.300(b)(8)(F) Consultation.
(G)CA Health and Safety Code § 1799.300(b)(8)(G) Referral services.
(H)CA Health and Safety Code § 1799.300(b)(8)(H) Confidentiality obligations.
(I)CA Health and Safety Code § 1799.300(b)(8)(I) The impact of toxic stress on health and well-being.
(J)CA Health and Safety Code § 1799.300(b)(8)(J) Grief support.
(K)CA Health and Safety Code § 1799.300(b)(8)(K) Substance abuse awareness and approaches.
(L)CA Health and Safety Code § 1799.300(b)(8)(L) Active listening skills.
(M)CA Health and Safety Code § 1799.300(b)(8)(M) Psychological first aid.
(9)CA Health and Safety Code § 1799.300(b)(9) “Peer support team” means a team or teams composed of emergency ambulance employees, hospital staff, clergy, and educators who have completed a peer support training course.
(10)CA Health and Safety Code § 1799.300(b)(10) “Peer support team member” means an emergency ambulance employee who has completed an approved peer support training course.

Section § 1799.301

Explanation

This section outlines that a peer support program for emergency ambulance employees should be set up through a special labor-management agreement, separate from other employee contracts. The agreement may address aspects like program management, how team members are chosen and trained, operating the program, evaluating and improving it, and funding methods, as well as handling disputes and making changes to the program.

Additionally, any sessions conducted through this peer support program don’t count towards the overall number of mental health treatments allowed for specific issues, as described in another section of the Labor Code.

(a)CA Health and Safety Code § 1799.301(a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:
(1)CA Health and Safety Code § 1799.301(a)(1) Program structure and administration.
(2)CA Health and Safety Code § 1799.301(a)(2) Selection and training of peer support team members.
(3)CA Health and Safety Code § 1799.301(a)(3) Peer support operations.
(4)CA Health and Safety Code § 1799.301(a)(4) Program evaluation, monitoring, and continuous improvement.
(5)CA Health and Safety Code § 1799.301(a)(5) Funding.
(6)CA Health and Safety Code § 1799.301(a)(6) Dispute resolution and program amendments.
(b)CA Health and Safety Code § 1799.301(b) Sessions provided by a peer support program shall not count toward the total number of mental health treatments per issue required by Section 884 of the Labor Code.

Section § 1799.302

Explanation

The law gives emergency ambulance employees the right to keep communications with peer support team members and crisis hotlines confidential during legal proceedings. However, this confidentiality can be broken in certain cases, such as when there is a need for appropriate referrals, to prevent harm or crime, to report child abuse, due to a court order, in criminal cases, as legally required, or if the employee agrees in writing. Before participating in peer support, employees must be informed in writing about what can remain confidential and the exceptions to that confidentiality.

(a)CA Health and Safety Code § 1799.302(a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b)CA Health and Safety Code § 1799.302(b) Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only under any of the following circumstances:
(1)CA Health and Safety Code § 1799.302(b)(1) The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee with, another member of the peer support team or a peer support team clinician associated with the peer support team.
(2)CA Health and Safety Code § 1799.302(b)(2) The peer support team member, crisis hotline, or crisis referral service reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(3)CA Health and Safety Code § 1799.302(b)(3) The peer support team member reasonably believes that disclosure is necessary pursuant to an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.
(4)CA Health and Safety Code § 1799.302(b)(4) The disclosure is made pursuant to a court order in a civil proceeding.
(5)CA Health and Safety Code § 1799.302(b)(5) In a criminal proceeding.
(6)CA Health and Safety Code § 1799.302(b)(6) If otherwise required by law.
(7)CA Health and Safety Code § 1799.302(b)(7) The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.
(c)CA Health and Safety Code § 1799.302(c) Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision (a) and the exceptions to that requirement described in subdivision (b).

Section § 1799.303

Explanation

This law protects emergency ambulance workers offering peer support from being sued for any mistakes made in their support role, unless they act with severe carelessness or on purpose. However, this protection does not cover medical malpractice claims. Workers cannot provide support if it might affect their judgment or if there is an existing relationship with the person seeking help. They also cannot support someone involved in the same traumatic event or ongoing investigation, unless it's a widespread incident.

(a)CA Health and Safety Code § 1799.303(a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.
(b)CA Health and Safety Code § 1799.303(b) Subdivision (a) does not apply to an action for medical malpractice.
(c)CA Health and Safety Code § 1799.303(c) A person described in subdivision (a) shall not provide peer support services if, when serving in a peer support role, the individual’s relationship with a peer support recipient could reasonably be expected to impair objectivity, competence, or effectiveness in providing peer support, or otherwise risk exploitation or harm to a peer support recipient.
(d)CA Health and Safety Code § 1799.303(d) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient were both involved in the same specific traumatic incident, unless the incident is a large-scale incident.
(e)CA Health and Safety Code § 1799.303(e) A person described in subdivision (a) providing peer support services shall not provide those services to a peer support recipient if the provider and recipient are both involved in the same active or ongoing investigation.

Section § 1799.304

Explanation

This section outlines that peer support team members need to complete specific training courses to receive confidentiality protections. These courses should be approved by an emergency ambulance provider and cover a range of topics. These topics include precrisis education, critical incident stress management, on-scene and one-on-one support, and various support services like consultation and referrals. Members are also trained in important skills such as confidentiality, understanding the effects of toxic stress, grief support, substance abuse awareness, active listening, and stress management.

To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:
(a)CA Health and Safety Code § 1799.304(a) Precrisis education.
(b)CA Health and Safety Code § 1799.304(b) Critical incident stress defusings.
(c)CA Health and Safety Code § 1799.304(c) Critical incident stress debriefings.
(d)CA Health and Safety Code § 1799.304(d) On-scene support services.
(e)CA Health and Safety Code § 1799.304(e) One-on-one support services.
(f)CA Health and Safety Code § 1799.304(f) Consultation.
(g)CA Health and Safety Code § 1799.304(g) Referral services.
(h)CA Health and Safety Code § 1799.304(h) Confidentiality obligations.
(i)CA Health and Safety Code § 1799.304(i) The impact of toxic stress on health and well-being.
(j)CA Health and Safety Code § 1799.304(j) Grief support.
(k)CA Health and Safety Code § 1799.304(k) Substance abuse awareness and approaches.
(l)CA Health and Safety Code § 1799.304(l) Active listening skills.
(m)CA Health and Safety Code § 1799.304(m) Stress management.
(n)CA Health and Safety Code § 1799.304(n) Psychological first aid.