34 USC 50901 - Confidentiality of peer support communications

U.S Code last checked for updates: Nov 23, 2024

§ 50901.

Confidentiality of peer support communications

(a)

Definitions

In this section:

(1)

Law enforcement agency

(2)

Law enforcement officer

(3)

Peer support communication

The term “peer support communication” includes—

(A)

an oral or written communication made in the course of a peer support counseling session;

(B)

a note or report arising out of a peer support counseling session;

(C)

a record of a peer support counseling session; or

(D)

with respect to a communication made by a peer support participant in the course of a peer support counseling session, another communication, regarding the first communication, that is made between a peer support specialist and—

(i)

another peer support specialist;

(ii)

a staff member of a peer support counseling program; or

(iii)

a supervisor of the peer support specialist.

(4)

Peer support counseling program

(5)

Peer support counseling session

(6)

Peer support participant

(7)

Peer support specialist

The term “peer support specialist” means a law enforcement officer who—

(A)

has received training in—

(i)

peer support counseling; and

(ii)

providing emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of employment; and

(B)

is designated by a law enforcement agency to provide the services described in subparagraph (A).

(b)

Prohibition

(c)

Exceptions

Subsection (b) shall not apply to a peer support communication if—

(1)

the peer support communication contains—

(A)

an explicit threat of suicide by an individual in which the individual—

(i)

shares—

(I)

an intent to die by suicide; and

(II)

a plan for a suicide attempt or the means by which the individual plans to carry out a suicide attempt; and

(ii)

does not solely share that the individual is experiencing suicidal thoughts;

(B)

an explicit threat by an individual of imminent and serious physical bodily harm or death to another individual;

(C)

information—

(i)

relating to the abuse or neglect of—

(I)

a child; or

(II)

an older or vulnerable individual; or

(ii)

that is required by law to be reported; or

(D)

an admission of criminal conduct;

(2)

the disclosure is permitted by each peer support participant who was a party to, as applicable—

(A)

the peer support communication;

(B)

the peer support counseling session out of which the peer support communication arose;

(C)

the peer support counseling session of which the peer support communication is a record; or

(D)

the communication made in the course of a peer support counseling session that the peer support communication is regarding;

(3)

a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the peer support communication; or

(4)

the peer support communication contains information that is required by law to be disclosed.

(d)

Rule of construction

Nothing in subsection (b) shall be construed to prohibit the disclosure of—

(1)

an observation made by a law enforcement officer of a peer support participant outside of a peer support counseling session; or

(2)

knowledge of a law enforcement officer about a peer support participant not gained from a peer support communication.

(e)

Disclosure of rights

(Pub. L. 117–60, § 2, Nov. 18, 2021, 135 Stat. 1470.)

cite as: 34 USC 50901