§50901 Confidentiality of Peer Support Communications

Summary

Peer support conversations in a federal law enforcement agency must be kept private. Key words: a law enforcement agency is a federal agency that employs law officers; a law enforcement officer is defined under federal law; a peer support communication is any spoken or written thing from a peer counseling session, its notes or records, or related messages between peer specialists or staff; a peer support counseling program is the agency program that offers this help; a peer support counseling session is counseling from a peer specialist to one or more officers; a peer support participant is an officer who gets counseling; a peer support specialist is an officer trained and chosen to give that support. A peer support specialist or a participant must not tell anyone who was not part of the session what was said, except in certain cases. Confidentiality does not apply if the communication shows an explicit suicide threat with intent and a plan or means; an explicit, imminent threat to seriously harm or kill someone; abuse or neglect of a child or a vulnerable person or other information the law requires to be reported; an admission of criminal conduct; if all peer support participants agree to the disclosure; if a court orders disclosure; or if a law requires disclosure. Observations made outside a session or things learned outside the session are not covered. Before the first session, the specialist must give the participant written notice explaining the confidentiality rule and its exceptions.