8669.81. For purposes of this article, the following terms have the following meanings:
(a) "Communication" means all oral communications, information, notes, records, and reports made by emergency service personnel, a peer support team member, or crisis referral service staff, and arising from the delivery of peer support services or crisis referral services.
(b) "Crisis referral services" include all public or private organizations that advise employees and volunteers of agencies employing emergency service personnel about consultation and treatment resources for personal problems, including mental health issues, chemical dependency, domestic violence, gambling, financial problems, and other personal
crises. Crisis referral services do not include employee representative organizations, associations, or unions, or agencies owned or operated by employee representative organizations, associations, or unions.
(c) "Critical incident" means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.
(d) "Critical incident stress" means the acute or cumulative psychological stress or trauma that emergency service personnel may experience in providing emergency services in response to a critical incident. The stress or trauma is an unusually strong emotional, cognitive, behavioral, or physical reaction that may interfere with normal functioning and could lead to post-traumatic stress injuries, including, but not limited to, one or more of the following:
(1) Physical and emotional
(2) Failure of usual coping mechanisms.
(3) Loss of interest in the job or normal life activities.
(4) Personality changes.
(5) Loss of ability to function.
(6) Psychological disruption of personal life, including the person's relationship with a spouse, child, or friend.
(e) "Emergency service personnel" means a peace officer employed by the state or a city, county, city and county, district, or other political subdivision of the state.
(f) "Peer support services" include services provided by a peer support team or a peer support team member to
emergency service personnel affected by a critical incident or the accumulation of witnessing multiple incidents. Peer support services assist emergency service personnel affected by a critical incident in coping with critical incident stress or mitigating reactions to critical incident stress to reduce the risk of post-traumatic stress injuries. Peer support services include all of the following:
(1) Precrisis education.
(2) Critical incident stress defusings.
(3) Critical incident stress debriefings.
(4) On-scene support services.
(5) One-on-one support services.
(7) Referral services.
(8) Confidentiality obligations.
(9) The impact of toxic stress on health and well-being.
(10) Grief support.
(11) Substance abuse identification and approaches.
(12) Active listening skills.
(g) "Peer Support Labor-Management Committee" means a committee, created by an employer that elects to create a peer support program. The committee shall be composed of an equal number of representatives of the employer and the employees. The members of the committee who are employees shall be appointed by the employee organization that represents the
majority of the participants in the peer support program. The Peer Support Labor-Management Committee of an employer operating statewide may agree upon additional, site-specific peer support labor-management committees as are deemed necessary for the effective operation of the program.
(h) "Peer support program" means a program to deliver peer support services to an agency's employees consistent with this article and governed by peer support policies established by the Peer Support Labor-Management Committee and overseen by a peer support team clinician.
(i) "Peer support team" means a team or teams composed of emergency service personnel, hospital staff, clergy, and educators who have completed a peer support training course developed pursuant to Section 8669.84, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support
(j) "Peer support team clinician" means a licensed clinical professional who is a physician or psychologist designated to oversee a peer support program.
(k) "Peer support team member" means an individual who is a member of a peer support team and is specially trained to provide peer support services as a member of a peer support team.
8669.82. (a) A communication made by emergency service personnel or a peer support team member while the peer support team member provides peer support services is confidential and shall not be disclosed in a civil, administrative, or arbitration proceeding.
(b) Notwithstanding subdivision (a), a communication described in subdivision (a) may only be disclosed under the following circumstances:
(1) The peer support team member reasonably must make an appropriate referral of the emergency service personnel to, or consult about the emergency service personnel with, another member of the peer support team or a peer support team clinician associated with the peer support team.
(2) The peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(3) The peer support team member reasonably believes that disclosure is necessary pursuant to the peer support policies established by the Peer Support Labor-Management Committee.
(4) The emergency service personnel or the legal representative of the emergency service personnel expressly agrees in writing that the emergency service personnel communication may be disclosed.
(c) If the communication is disclosed pursuant to paragraph (1), (2), or (3) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in