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HB 4857

Health: confidentiality; critical incident stress management services; modify. Amends secs. 20981 & 20982 of 1978 PA 368 (MCL 333.20981 & 333.20982).

2025-2026 Regular Session Introduced by Joe Aragona and 14 co-sponsors

HB 4857 expands CISM protections to individuals, not just emergency responders, shielding teams from most civil liability while keeping confidentiality, with limited exceptions.

REFERRED TO COMMITTEE ON HEALTH POLICY
#healthoccupations:healthprofessionals #health:confidentiality
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Bill Summary · HB 4857

Summary — HB 4857 (Public Health Code: Critical Incident Stress Management Services)

Status: Passed House (11/12/2025); transmitted to next chamber
Introduced/Filed: Filed 03/13/2025; introduced 09/09/2025
Sponsor: Rep. William Bruck
Committee: Health Policy
Fiscal impact: None reported

Purpose

HB 4857 modifies Part 209A of Michigan’s Public Health Code (CISM — Critical Incident Stress Management Services) to broaden the reach of statutory confidentiality and civil‑liability protections tied to CISM services. The change is intended to strengthen protections for recipients of CISM support so that these services can be delivered with greater assurance of privacy and limited provider liability.

Key provisions and definitions

  • Expands the statutory scope of Part 209A so that its confidentiality and liability rules apply to CISM services provided to individuals (not solely emergency service providers), according to the House Fiscal Agency analysis and committee report.
  • Clarifies and revises defined terms:
    • Critical incident / critical incident stress.
    • CISM services — explicitly lists services: precrisis education; defusings; debriefings; on‑scene support; one‑on‑one support; consultation; referral services; and newly enumerated peer support services.
    • CISM team — an organized community/local crisis response team that maintains registration with the Michigan Crisis Response Association (formerly referenced as membership in that network).
    • CISM team member — specially trained individual delivering services.
    • “Emergency service provider” remains defined to include law enforcement, corrections officers, firefighters, EMS providers, dispatchers, rescue personnel, individuals employed by/contracted with health facilities/agencies, and licensed health professionals.

Confidentiality protections

  • Communications between a CISM team member and an individual receiving CISM services are confidential and generally not admissible in civil, criminal, or administrative proceedings.
  • Records maintained by CISM team members related to service provision are confidential and not subject to subpoena, discovery, or introduction into evidence.

Exceptions to confidentiality

Confidentiality does not apply where:
- A CISM team member reasonably needs to refer or consult with another team member or appropriate professional.
- The communication indicates the person is an imminent threat to self or others.
- The communication discloses child or elder abuse or neglect.
- The individual (or their legal representative) expressly waives confidentiality.

Liability protection

  • CISM teams and team members are shielded from civil liability (including claims for personal injury, wrongful death, property damage, etc.) for acts, errors, or omissions in performing CISM services — except where conduct rises to wanton, willful, or intentional misconduct.
  • The malpractice exception remains (liability in medical malpractice actions is not extinguished).
  • These liability protections are extended to services provided to any individuals (not limited to emergency responders).

Who is affected / practical impact

  • A broader set of service recipients — emergency responders and other individuals affected by critical incidents (civilians, school staff, employees, community members) — would receive the same confidentiality and liability protections previously limited to emergency service providers.
  • CISM teams and peer support volunteers gain broader statutory protection when working with non‑responder individuals.
  • Law enforcement and investigative processes are not intended to be impeded by these confidentiality rules because exceptions (e.g., imminent threat, abuse reporting) remain.

Procedural timeline (selected)

  • Filed: 03/13/2025
  • Introduced and referred to Health Policy: 09/09/2025
  • Reported from committee without amendment: 10/22/2025
  • Passed House (immediate effect): 11/12/2025 — Roll Call #298 (Yeas 102, Nays 0)
  • Transmitted to next chamber: 11/12/2025

Prepared from House Fiscal Agency analysis, committee report, and the House‑passed bill text.

Compiled from official sources — confirm details with the bill’s official record.

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