MS 2024-12-T-Tuggle-December-32024-Training-Requirements December 11, 2024

Does Tennessee Public Safety Network peer-support training count for Mississippi's certified peer support member designation?

Short answer: The statute is clear: a certified peer support member must have critical incident stress management training and must be certified by the Mississippi State Board of Health or the Mississippi Department of Public Safety. Whether the Tennessee Public Safety Network training satisfies that requirement is a determination for those two agencies, not the AG.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

The DeSoto County sheriff asked whether his deputies could be considered "certified peer support members" under Mississippi Code Section 13-1-22.1 if they had completed training and certification through the Tennessee Public Safety Network for conducting critical incident debriefings.

The AG's answer was a partial yes, partial referral. The statute defines "certified peer support member" as a law enforcement officer, firefighter, or EMT of an emergency service agency or entity who has received critical incident stress management training and is certified as a peer support member by the Mississippi State Board of Health or the Mississippi Department of Public Safety. Two-step requirement: training plus a Mississippi-agency certification.

The AG read that as binary on the certification side: the certifying body has to be one of those two named Mississippi agencies. So a Tennessee Public Safety Network certification, standing alone, does not satisfy Section 13-1-22.1.

But the AG would not say whether the Tennessee training counts as "critical incident stress management training" for purposes of the statute. That is a substantive judgment about course content, and the statute leaves it to the State Board of Health or DPS to evaluate. The sheriff was effectively pointed to those agencies to ask whether they would accept Tennessee Public Safety Network training as the predicate for a Mississippi certification, then issue the certification themselves.

What this means for you

For sheriffs and police chiefs building peer support programs

If you are training deputies through an out-of-state program (Tennessee Public Safety Network, ICISF, or any other), the deputies are not automatically Mississippi "certified peer support members" under Section 13-1-22.1. To get the statutory protection that designation provides, you have to do two things: confirm that the training you used satisfies whichever agency you go to for certification, and then obtain a Mississippi-agency certification from either the State Board of Health or DPS.

Practical step: contact MS DPS Standards and Training first. They are typically the relevant agency for law enforcement personnel. The Board of Health is the right path for some EMS-side personnel.

For peer support program coordinators

Document each member's training credential and the corresponding Mississippi certification on file. If your program relies on the statutory protections (typically a confidentiality privilege for peer-support communications), an audit later could turn on whether each peer supporter is "certified" under the Mississippi statute, not just trained somewhere reputable. Don't assume an ICISF or out-of-state credential alone gives you the privilege.

For attorneys defending or challenging peer-support privilege claims

The threshold question is whether the supporter is a "certified peer support member" within Section 13-1-22.1(1)(a). That requires a Mississippi-agency certification. If you only see an out-of-state training certificate, the statutory privilege foundation is weak.

For first responders considering peer support work

If you got your training in another state and are now in Mississippi, your training may transfer in substance, but you still need to be certified by the Mississippi State Board of Health or DPS to qualify as a "certified peer support member" under Mississippi law. Apply for the Mississippi-agency certification before starting work.

Common questions

What does the certified peer support designation actually do for me?
Section 13-1-22.1 sits in the chapter on courts and creates a framework for peer support communications. Mississippi has confidentiality protections for peer-support conversations between certified members and emergency responders. Without the certification, the statutory protection may not apply.

Is the State Board of Health or DPS the right Mississippi agency for law enforcement peer support?
The statute names both. In practice, DPS is the typical certifying body for law enforcement personnel. Confirm directly with DPS Standards and Training (or, for EMS personnel, the State Board of Health's EMS division) which agency is the right entry point for your specific role.

Will a national ICISF certification be accepted by the Mississippi agencies?
The AG would not opine on that. ICISF is the most widely recognized critical incident stress management curriculum, so the answer in practice is often yes, but the formal acceptance call is for the agency.

What happens to existing peer-support communications if my members do not have the Mississippi certification?
Confidentiality protections that depend on the statute may not apply. If peer-support conversations are later subpoenaed, the privilege argument is weaker than it would be with a certified peer-support member. Get certification on file as soon as possible.

Is the AG saying the Tennessee training is inadequate?
No. The AG specifically declined to evaluate the substance of the Tennessee training. The point was the certification-source rule: only Mississippi State Board of Health or DPS can issue the qualifying certification, regardless of where the training came from.

Background and statutory framework

Mississippi Code Section 13-1-22.1(1)(a) defines "certified peer support member":

"Certified peer support member" means a law enforcement officer, fireman or emergency medical technician of an emergency service agency or entity who has received training in critical incident stress management and who is certified as a peer support member by the State Board of Health or the Department of Public Safety to provide emotional and moral support to an emergency responder who needs those services as a result of job-related stress or an incident in which the emergency responder was involved while acting in his official capacity.

The definition has two requirements that must both be met: critical incident stress management training, plus certification by one of two named Mississippi agencies. The statute does not list specific approved curriculum providers; that is left to the agencies.

The AG cannot opine on whether a particular training program (here, the Tennessee Public Safety Network) meets the statutory training requirement. That is a substantive content evaluation, traditionally a question of agency expertise, and is reserved to the certifying agencies under the statute.

Citations

Miss. Code Ann. § 13-1-22.1(1)(a) (definition of certified peer support member)

Source

Original opinion text

December 11, 2024

The Honorable Thomas E. Tuggle II
Sheriff, DeSoto County
3091 Industrial Drive West
Hernando, Mississippi 38632

Re: Training Requirements

Dear Sheriff Tuggle:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Does training and certification to conduct critical incident debriefings through the Tennessee Public Safety Network meet the legal definition of "certified peer support member" in Mississippi Code Annotated Section 13-1-22.1(1)(a)?

Brief Response

Section 13-1-22.1(1)(a) requires a "certified peer support member" to have critical incident stress management training and to be certified by the Mississippi State Board of Health or the Mississippi Department of Public Safety.

Applicable Law and Discussion

Section 13-1-22.1(1)(a) provides in pertinent part:

(1) As used in this section, unless the context clearly indicates otherwise:

(a) "Certified peer support member" means a law enforcement officer, fireman or emergency medical technician of an emergency service agency or entity who has received training in critical incident stress management and who is certified as a peer support member by the State Board of Health or the Department of Public Safety to provide emotional and moral support to an emergency responder who needs those services as a result of job-related stress or an incident in which the emergency responder was involved while acting in his official capacity.

(emphasis added).

Section 13-1-22.1(1)(a) is clear that a certified peer support member's certification must be by the Mississippi State Board of Health or Mississippi Department of Public Safety. However, whether the training provided in your request meets the statutory requirement is a determination to be made by one of the two agencies.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General