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

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

The opinion holds that to be a "certified peer support member" under Section 13-1-22.1(1)(a), a person must have received critical incident stress management training and must be certified by the Mississippi State Board of Health or the Mississippi Department of Public Safety. It holds the certification must come from one of those two named Mississippi agencies, and that whether a particular training program meets the statutory requirement is a determination for one of those two agencies.

For first responders trained out of state

The opinion holds the certification must be issued by the Mississippi State Board of Health or the Department of Public Safety. It does not decide whether the Tennessee Public Safety Network training satisfies the statutory training requirement, leaving that to those agencies.

Common questions

What does Section 13-1-22.1(1)(a) require to be a "certified peer support member"?
The opinion holds two things must both be met: training in critical incident stress management, and certification as a peer support member by the State Board of Health or the Department of Public Safety.

Does Tennessee Public Safety Network certification satisfy the Mississippi definition?
The opinion holds the certification must be by the Mississippi State Board of Health or the Mississippi Department of Public Safety, so an out-of-state certification standing alone does not meet that requirement. Whether the Tennessee training meets the training requirement is a determination for those two agencies.

Is the AG saying the Tennessee training is inadequate?
No. The opinion expressly declined to decide whether the training in the request meets the statutory requirement, stating that is a determination to be made by one of the two agencies.

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

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/12/T.Tuggle-December-32024-Training-Requirements.pdf

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