§50901 Confidentiality of Peer Support Communications

Summary

Keep peer support talks private. A trained law enforcement peer who gives counseling and an officer who takes part cannot share the contents of those talks with someone who was not part of them, unless a listed exception applies. Key terms in one line each: law enforcement agency — a federal agency that employs law enforcement officers; law enforcement officer — the federal meaning used in other law; peer support communication — words, notes, records, or related internal messages from a peer support counseling session; peer support counseling program — a program run by the agency to offer peer counseling; peer support counseling session — a formal counseling meeting between a trained peer and one or more officers; peer support participant — an officer who receives peer counseling; peer support specialist — an officer trained and chosen to provide peer support. Exceptions to privacy allow sharing when the communication includes an explicit suicide threat with intent and a plan (not just thoughts), an explicit imminent serious threat of harm or death to someone, abuse or neglect of a child or an older/vulnerable person or other information the law requires to be reported, or an admission of criminal conduct. Sharing is also allowed if every officer who was part of the communication agrees, if a court orders disclosure, or if law requires it. Observations or knowledge gained outside a peer session are not covered by this rule. Before an officer’s first session, the peer support specialist must give written notice of the privacy rule and its exceptions.