Collapse to view only § 50901. Confidentiality of peer support communications
§ 50901. Confidentiality of peer support communications
(a) DefinitionsIn this section:
(1) Law enforcement agency
(2) Law enforcement officer
(3) Peer support communicationThe 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 specialistThe 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) ExceptionsSubsection (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 constructionNothing 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.)
§ 50902. Best practices and support
(a) DefinitionsIn this section:
(1) First responder
(2) First responder agency
(3) Peer support counseling program
(4) Peer support participant
(5) Peer support specialistThe term “peer support specialist” means a first responder who—
(A) has received training in—
(i) peer support counseling; and
(ii) providing emotional and moral support to first responders who have been involved in or exposed to an emotionally traumatic experience in the course of the duties of those first responders; and
(B) is designated by a first responder agency to provide the services described in subparagraph (A).
(b) Report on best practicesNot later than 2 years after November 18, 2021, the Attorney General, in coordination with the Secretary of Health and Human Services, shall develop a report on best practices and professional standards for peer support counseling programs for first responder agencies that includes—
(1) advice on—
(A) establishing and operating peer support counseling programs; and
(B) training and certifying peer support specialists;
(2) a code of ethics for peer support specialists;
(3) recommendations for continuing education for peer support specialists;
(4) advice on disclosing to first responders any confidentiality rights of peer support participants; and
(5) information on—
(A) the different types of peer support counseling programs in use by first responder agencies;
(B) any differences in peer support counseling programs offered across categories of first responders; and
(C) the important role senior first responders play in supporting access to mental health resources.
(c) ImplementationThe Attorney General shall support and encourage the implementation of peer support counseling programs in first responder agencies by—
(1) making the report developed under subsection (b) publicly available on the website of the Department of Justice; and
(2) providing a list of peer support specialist training programs on the website of the Department of Justice.
(Pub. L. 117–60, § 3, Nov. 18, 2021, 135 Stat. 1472.)