New law strengthens mental health confidentiality for law enforcement

ALBANY | Gov. Kathy Hochul has signed legislation to establish confidentiality requirements for communications made by law enforcement during peer-to-peer counseling sessions. Amid a rise in suicide and post-traumatic stress disorder rates among police officers, this legislation, named in memory of New York State Police Lieutenant Joseph Banish who died by suicide in 2008, seeks to reduce stigma and create formal pathways for first responder mental wellness while ensuring communications are protected and disclosure standards are established. "Protecting New York's first responders and ensuring they are well-equipped with support to successfully fulfill their duties is an essential part of my public safety mission," Gov. Hochul said. "Law enforcement officers who protect our communities during times of crisis deserve counseling services that are tailored to their unique experiences and conducted with discretion. By strengthening these programs, we are ensuring safe settings for honest conversations to improve the mental health and well-being of our first responders." Legislation S6244A/A6721A, named the "Lieutenant Joseph Banish Mental Health Act," establishes confidentiality protections for law enforcement peer support counseling and sets standards for disclosure of communications made during a formal sessions that contain a threat of suicidal or an expression of suicidal ideation; a threat of bodily harm or death; an admission of criminal conduct; or information relating to the abuse or neglect of a child. Suicide and post-traumatic stress disorder rates among police officers surpass those of the general public and are often attributed to the difficult nature of the work and exposure to traumatic incidents. Police officers also face difficulty obtaining mental health services in a setting that recognizes the unique nature of their jobs and work culture. In response, many jurisdictions have established "peer counseling" programs. By promoting confidentiality, this new law strengthens these programs and encourages open, honest dialogue while addressing potential concerns about protected information. Earlier this year, Gov. Hochul highlighted the State's ongoing efforts to improve first responder mental health and wellness. New resources available include a Response Wellness Program Primer, an informational resource intended to help state and local public safety agencies develop or enhance their responder wellness programs; a video that highlights the unique mental health needs of first responders; and the launch of a new website dedicated to first responder mental health and wellness. The availability of these new resources builds on Gov. Hochul's expansion of supportive services for first responders after the State's first-ever First Responder Mental Health Needs Assessment showed that more than half of individuals working in public safety fields experience high levels of stress, burnout and mental health challenges. The CARES UP program focuses on improving the mental health and wellness of uniformed personnel and veterans by providing funding and other resources to help public safety agencies develop their wellness efforts. Earlier this year, the New York State Office of Mental Health hosted a two-day conference focused on the disproportionately high rates of suicide among military veterans and uniformed personnel, including law enforcement, firefighters, emergency medical service workers, corrections officers, and 911 dispatchers. The conference featured nationally recognized speakers, subject matter experts, training and workshops related to the impact of stress and trauma associated with these critical professions. State investments have also enhanced capacity for the 988 Suicide and Crisis Hotline, which connects New Yorkers to local trained crisis counselors 24/7 and can help anyone thinking about suicide, struggling with substance use, experiencing a mental health crisis, or any other kind of emotional distress. New Yorkers can also call, text or chat 988 if they are worried about someone or believe they may need crisis support. New York Law Enforcement Assistance Program President Jim Banish said, "If this law were in effect in 2008 my brother may still be alive today. This law will save lives by giving officers a confidential peer to speak to without retribution on either end of the conversation. My brother Lt. Joseph Banish continues to save lives long after his passing. That's a legacy worth leaving. We have been working on this for many years. Thank you Governor Hochul, Tommy Shevlin and everyone who made this happen!"

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New law strengthens mental health confidentiality for law enforcement

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