[§78-52]  Peer support counseling; sessions. (a)  Unless the context otherwise requires, for the purposes of this section:

"Emergency services personnel" meansany employee of an emergency services provider who is engaged in providingfirefighting, water safety, and emergency medical services.

"Emergency services provider" meansany public employer that employs persons to provide firefighting, water safety,and emergency medical services.

"Employee assistance program" means aprogram established by a law enforcement agency or emergency services providerto provide counseling or support services to employees of the law enforcementagency or emergency services provider.

"Law enforcement agency" means anycounty police department, the department of public safety, and any state orcounty public body that employs law enforcement officers.

"Law enforcement officer" means asheriff, deputy sheriff, police officer, parole officer, or probation officer.

"Peer support counseling sessions"includes critical incident stress management sessions.

(b)  Any communication made by a participant orcounselor in a peer support counseling session conducted by a law enforcementagency or by an emergency services provider for law enforcement officers oremergency services personnel, and any oral or written information conveyed inthe peer support counseling session, is privileged and may not be disclosed byany person participating in the peer support counseling session.

(c)  Any communication relating to a peersupport counseling session made privileged under subsection (b), that is madebetween counselors, between counselors and the supervisors or staff of anemployee assistance program, or between the supervisors or staff of an employeeassistance program, is privileged and may not be disclosed.

(d)  The provisions of this section apply onlyto peer support counseling sessions conducted by an employee or other personwho:

(1)  Has been designated by a law enforcement agencyor emergency services provider, or by an employee assistance program, to act asa counselor; and

(2)  Has received training in counseling and inproviding emotional and moral support to law enforcement officers or emergencyservices personnel who have been involved in emotionally traumatic incidents byreason of their employment.

(e)  This section applies to all oralcommunications, notes, records, and reports arising out of a peer supportcounseling session.  Any notes, records, or reports arising out of a peersupport counseling session are not public records for the purposes of chapter92F.

(f)  Any communication made by a participant orcounselor in a peer support counseling session subject to this section, and anyoral or written information conveyed in a peer support counseling sessionsubject to this section, is not admissible in any judicial proceeding,administrative proceeding, arbitration proceeding, or other adjudicatoryproceeding.  Communications and information made privileged under this sectionmay not be disclosed by the participants in any judicial proceeding,administrative proceeding, arbitration proceeding, or other adjudicatoryproceeding.  The limitations on disclosure imposed by this subsection includedisclosure during any discovery conducted as part of an adjudicatory proceeding.

(g)  Nothing in this section limits thediscovery or introduction in evidence of:  knowledge acquired by any lawenforcement officer or emergency services personnel from observation madeduring the course of employment; or material or information acquired during thecourse of employment that is otherwise subject to discovery or introductioninto evidence.

(h)  This section does not apply to:

(1)  Any threat of suicide or homicide made by aparticipant in a peer support counseling session or any information conveyed ina peer support counseling session relating to a threat of suicide or homicide;

(2)  Any information relating to abuse of spouses,children, or the elderly, or other information that is required to be reportedby law; or

(3)  Any admission of criminal conduct.

(i)  This section does not prohibit anycommunication between counselors who conduct peer support counseling sessionsor any communications between counselors and the supervisors or staff of anemployee assistance program. [L 2003, c 25, §1]