AB 576

This bill requires the Department of Justice to establish and implement a

program under which a law enforcement agency, a tribal law enforcement agency, a

fire protection or emergency medical service agency, or any other agency that

employs law enforcement officers, tribal law enforcement officers, correctional

officers, jail officers, juvenile detention officers, fire fighters, dispatchers, emergency

medical responders, emergency medical services practitioners, public safety

personnel, or ambulance service provider personnel, may establish peer support

teams and critical incident stress management (CISM) services teams.

The bill requires the DOJ to organize a program of training required for

membership on a peer support team or CISM team to provide peer support services

or CISM services. The bill requires the Law Enforcement Standards Board (LESB)

to coordinate with the Department of Health Services, the state fire marshal, and

any other relevant agency or entity it determines appropriate to advise LESB in

establishment of the curriculum.

Under the bill, if an agency establishes a peer support team or a CISM services

team, the agency must develop written guidelines for the team and its members.

Under the bill, individuals must be officially designated by an agency head or the

agency head's designee to be a peer support team member or a CISM services team

member and must successfully complete approved training. Except for actions for

medical malpractice, the bill provides a liability exemption for peer support teams

and team members and CISM services teams and team members providing peer

support or CISM services.

The bill establishes certain protections for communications with peer support

team members and CISM services team members. Under the bill, a communication

is defined as an oral statement, written statement, note, record, report, or document

made during or arising out of a meeting between a recipient of peer support services

or CISM services and a peer support team member or a CISM services team member.

The bill provides that, with certain exceptions, a peer support team member or a

CISM services team member may refuse to disclose communications made by a

person receiving peer support services or CISM services, including individual or

group support sessions, if the peer support team member or CISM services team

member is acting in the capacity of a peer support team member or CISM services

team member and is functioning within the team member's written guidelines.

Communications made by a person receiving or providing peer support or CISM

services are not subject to public inspection, copying, or disclosure. The protections

under the bill do not apply if the peer support team member or CISM services team

member was a witness or a party to the incident that prompted the delivery of peer

support services or CISM services. The bill also provides that no privilege exists for

a communication to a peer support team member or CISM services team member

that is any of the following: 1) evidence of actual or suspected child neglect or abuse;