Public safety peer counseling and privilege for peer support and critical incident stress management services communications and granting rule-making authority. (FE)

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;

2) evidence that a person receiving peer support services or CISM services is a clear and immediate danger to himself or herself or others; or 3) evidence that the person receiving services has committed a crime, plans to commit a crime, or intends to conceal a crime. Under the bill, a person receiving services who is entitled to claim the privilege for communications relating to those services may waive the privilege in writing.