Page 62 - March 2018 FOP Newsletter

An article submitted by a Lodge 7 Magazine Sponsor
What every officer needs to know about mental-health treatment
Research has found that most police officers see more trauma in one month than most people do in their entire lives. Thanks to the amount of trauma of- ficers witness, plus the internal politics and external pressures of the police job, not to mention personal stressors, most officers have considerable stress. Offi- cers often get “burned out” and develop poor coping skills and lifestyle choices, which puts them more at risk for developing anxiety, depression, PTSD and oth- er problems. It is important for officers to recognize that officer safety begins with proactive officer well- ness, which includes physical and emotional wellness.
Officers who prioritize their emotional wellness, maintain their physical health, have positive relationships and find work-home balance can better enjoy their life, work and eventual retirement. However, officers often believe or are told that they cannot seek therapy as they can lose their job or FOID card, or that it could somehow be used against them in court. Although it is important for an officer to find a therapist who understands police culture, it is also very important for officers to know the truth about men- tal-health treatment, the loss of FOID and fitness-for-duty exam- inations (FFDE). The following questions will address many of the fallacies about mental-health treatment for officers:
If I go to therapy, will I lose my FOID card?
No. According to the FOID Act (430 ILCS 65) and Illinois HB 183 (Public Act 098-0063), therapists are not required to report people in outpatient therapy to the DHS FOID Mental Health Reporting System, as this does not constitute “a clear and present danger.”
Pertaining to officers, the only time mental-health professionals would ever be required to make a report is if they felt an officer were a “clear and present danger,” i.e., if the officer had an active plan to kill themselves or someone else, or if the officer were committed to an inpatient psychiatric unit. Being committed to an inpatient psychiatric unit also requires an officer to be an immediate danger to themselves or others.
If I get a mental-health diagnosis, will I be sent for an FFDE or lose my job?
No. And if you are, you may have a federal lawsuit.
According to the Americans with Disability Act in 2000, it is ille- gal for an employer to discriminate against you simply because you have a mental-health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave. The em- ployer must have objective evidence that you cannot perform your job duties. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing these federal laws and may be contacted for violations.
A fitness-for-duty exam can be requested only when two require- ments are met: there is objective evidence that the employee may be unable to safely or effectively perform a defined job; and there is a reasonable basis for believing that the cause may be attributable to a psychological condition or impairment. The central purpose of an FFDE is to determine whether the employee is able to safely and effectively perform his or her essential job functions, not whether an officer has a mental illness. Many officers (even those who have completed an FFDE) can have a mental-health diagnosis such as anxiety or depression and work full active duty without restrictions. Will my department find out if I go to therapy?
No. The Illinois Mental Health and Developmental Disabilities Confidentiality Act (740ILCS 110/1-17) and HIPPA 1996 are highly specific that “confidential communication” means any communi- cation made by the client or other persons to the client’s therapist providing mental-health services including the patient’s identity. Further, records cannot be disclosed unless there is a written re- lease by the client of such records. (However, if an officer is submit- ting a claim for worker’s compensation or disability due to mental illness, records may be subpoenaed.)
Will my therapy records get subpoenaed for court?
It is extremely rare for an officer’s therapy records to be requested by subpoena or court order after police shootings, arrests and the like, as the judicial standard would be to prove “good cause” and “relevant” to the proceedings. The client and the therapist also have the right to refuse and prevent disclosure of their client’s records in any civil, criminal or administrative proceedings. However, if an officer is claiming a mental-health condition as a defense, then re- cords may not be confidential. d
Carrie Steiner is a licensed clinical psychologist and founder of the First Responders Wellness Center, a private practice full-service agency to meet the needs of police and first responders’ emotional wellness. Dr. Steiner was a Chicago Police Officer for 13 years, Crisis Intervention Team (CIT) leader, peer support member and Chicago Police Academy instructor. If you have questions or concerns, please contact Dr. Steiner at 630-909-9094 or dr.carriesteiner@gmail.com.
CARRIE STEINER POLICE WELLNESS
62 CHICAGO LODGE 7 ■ MARCH 2018