41-5903. Crisis response services program; confidential communications; definitions

A. An agency in this state may establish a crisis response services program to provide support to public safety employees who have been in or exposed to a traumatic event or an emotional experience in the course of employment.

B. Any crisis response services communication shall remain confidential and may not be disclosed to any individual who was not present at the crisis response services session, except if any of the following occurs and the communication is not otherwise privileged:

1. The designated person waives the person's right to confidentiality.

2. Any communications or advice given within the program indicates clear and present danger to the designated person or to any other person.

3. The communication or advice is made during the course of a criminal investigation.

4. The designated person violates any of the agency's policies and the violation amounts to a violation of laws that is normally enforced by a law enforcement agency.

5. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member or peer support team member may be compelled to testify on the same subject.

C. A crisis response services designated person shall hold a privilege from disclosure of any crisis response services communication in any disciplinary proceeding or any civil or criminal proceeding unless it contains information exempted pursuant to subsection B of this section. Under this privilege, the crisis response services communication is subject to the same protections as attorney-client privilege.

D. This section does not prohibit any of the following:

1. The agency using or sharing anonymous data for research, statistical analysis or educational purposes.

2. An agency employee's disclosure of an observation of a crisis response services designated person outside of a crisis response services counseling session that is not contained in any crisis response services communication.

3. An agency law enforcement officer's disclosure of knowledge about a crisis response services designated person that is not gained from crisis response services communication.

E. For the purposes of this section:

1. "Crisis response services" has the same meaning prescribed in section 38-1111.

2. "Crisis response services communication" means any oral or written crisis response services communication made in the course of, or application for, a counseling session or any communication by a crisis response services designated person regarding the contents of a crisis response services counseling session to another crisis response services member, staff member of a crisis response services program or the supervisor of a crisis response services program.

3. "Crisis response services counseling session" means any counseling formally provided through a crisis response services program between a crisis response services member and one or more public safety employees.

4. "Designated person" means a law enforcement officer or a civilian employee of a law enforcement agency.