The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
38-1121. Law enforcement agency; wellness program; confidentiality; definitions
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 licensed counseling.
2. Crisis response services.
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 if any of the following occur:
1. The designated person waives the person's right to confidentiality.
2. Relevant information is disclosed 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.
3. Any communications or advice given within the program indicates clear and present danger to the designated person or to any other person.
4. The communication or advice is made during the course of a criminal investigation.
5. The designated person violates any of the law enforcement agency's policies and the violation amounts to a violation of laws that is normally enforced by a law enforcement agency.
6. 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.
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:
1. "Crisis response services" has the same meaning prescribed in section 38-1111.
2. "Designated person" means a law enforcement officer or a civilian employee of a law enforcement agency.
3. "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.
4. "Licensed counseling" means counseling provided by a licensed mental health professional.
5. "Licensed mental health professional" has the same meaning prescribed by section 38-672.