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REFERENCE TITLE: public safety employees; counseling; wellness |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1400 |
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Introduced by Senator Payne
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AN ACT
Amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38-1121; amending title 41, chapter 4, article 1, Arizona Revised Statutes, by adding section 41-710.04; relating to public safety employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1121, to read:
38-1121. Law enforcement agency; wellness program; confidentiality; definition
A. A law enforcement agency in this state may establish a wellness program to support the mental health and well-being of the law enforcement agency's employees. the wellness program may include all of the following:
1. access to mental health counseling.
2. crisis counseling.
3. training, equipment and technology necessary for an employee to perform the employee's job.
4. Any other support systems.
B. If a law enforcement agency creates a wellness program for the law enforcement agency's employees, the law enforcement agency shall establish WRITTEN policies and procedures for the program.
C. all proceedings, records, opinions, conclusions and recommendations arising from any aspect of the wellness program pursuant to this section are confidential and privileged from disclosure except for any of the following:
1. The disclosure of relevant INFORMATION in response to a claim made by the holder of the PRIVILEGE against a law enforcement agency related to any programs or services provided by the wellness program.
2. If a PARTICIPANT'S communication in the wellness PROGRAM CONTAINS any of the following:
(a) A threat of suicide or a plan to carry out a suicide attempt. This subdivision does not apply to any peer support communication in which the participant solely shares that the participant is experiencing suicidal thoughts.
(b) a threat of imminent and serious physical and bodily harm or death to a clearly identified or reasonably identifiable victim.
(c) Information related to the abuse or neglect of a child or a vulnerable adult that is required to be reported by section 13-3620 or 46-454.
(d) An admission of any criminal conduct.
(e) Any information that is required to be disclosed by law.
D. This section does not restrict or limit the right to discover or use in any civil action any evidence, document or record that is subject to discovery INDEPENDENTLY of the proceedings of the wellness program.
E. For the purposes of this section, "Law enforcement agency" means a municipal police department, a county SHERIFF'S office, a publicly funded law enforcement department and the department of public safety.
Sec. 2. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.04, to read:
41-710.04. Peer support counseling program; confidential communications; definitions
A. An agency in this state May establish a peer support counseling program to provide support to public safety employees who have been in or exposed to an emotionally traumatic experience in the course of employment.
1. A threat of suicide or a plan to carry out a suicide attempt. This paragraph does not apply to any peer support communication in which the participant solely shares that the participant is experiencing suicidal thoughts.
2. a threat of imminent and serious physical and bodily harm or death to a clearly identified or reasonably identifiable victim.
3. Information related to the abuse or neglect of a child or a vulnerable adult that is required to be reported by section 13-3620 or 46-454.
4. An admission of any criminal conduct.
5. Any information that is required to be disclosed by law.
C. A peer support participant shall hold a privilege from disclosure of any peer support 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 peer support 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 peer support participant outside of a peer support counseling session that is not contained in any peer support communication.
3. An agency law enforcement officer's disclosure of knowledge about a peer support participant that is not gained from peer support communication.
E. For the purposes of this section:
1. "Peer support communication" means any oral or written communication made in the course of, or application for, a peer support counseling session or any communication by a peer support participant regarding the contents of a peer support counseling session to another peer support specialist, staff member of a peer support counseling program or the supervisor of a peer support specialist.
2. "peer support counseling session" means any counseling formally provided through a peer support counseling program between a peer support specialist and one or more public safety employees.
3. "peer support specialist" means a public safety employee who is designated by the agency to provide peer support counseling and who has received training in both peer support counseling and in providing emotional and moral support to public safety employees who have been in or exposed to an emotionally traumatic experience in the course of employment.