§50901 Confidentiality of peer support communications

Summary

Keeps peer support counseling talks and records private for federal law enforcement. Key terms: a law enforcement agency is a federal agency that employs a law enforcement officer; a law enforcement officer has the meaning in 18 U.S.C. 115; a peer support communication is any talk, note, report, record, or related message from a peer support counseling session; a peer support counseling program is a program run by an agency that gives counseling from a peer support specialist to officers; a peer support counseling session is a counseling meeting; a peer support participant is an officer who gets counseling; a peer support specialist is an officer trained in peer support counseling and trauma support and chosen by the agency to provide it. A peer support specialist or participant must not share the content of a peer support communication with anyone who was not part of it. Sharing is allowed only in specific cases: the communication includes an explicit suicide threat that shows intent and a plan (not just thoughts); it contains an explicit threat of imminent serious harm or death to someone; it has information about abuse or neglect of a child or an older or vulnerable person or other information the law requires to be reported; or it contains an admission of criminal conduct. Sharing is also allowed if every peer support participant who was part of the communication or session agrees, if a court issues an order or subpoena, or if the law requires disclosure. Observations or knowledge gained outside a peer support communication are not covered by this secrecy rule. Before an officer’s first session, the peer support specialist must give written notice about the confidentiality rule and its exceptions.