A communication made by Except as otherwise provided in this section, an 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 personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency
service personnel and a peer support team member in a civil, administrative, or arbitration proceeding. A confidential communication described in this subdivision may only be disclosed if necessary to prevent reasonably certain death, substantial bodily harm, or commission of a crime, or if the emergency personnel or the legal representative of the emergency service personnel expressly agrees in writing that the communication may be disclosed.
communication made by Except as otherwise provided in this section, an emergency service personnel to personnel, whether or not a party to the action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency service personnel and a crisis hotline or crisis referral service is confidential and shall not be disclosed in a civil, administrative, or arbitration proceeding. However, a crisis hotline or crisis referral service may disclose confidential information described in this subdivision if necessary to prevent
reasonably certain death, substantial bodily harm, or commission of a crime.
(c) For purposes of this section the following terms have the following meanings:
(1)"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.
(1) "Confidential communication" means any information, including, but not limited to, written or oral communication, transmitted between an emergency service personnel, a peer support team member, or a crisis hotline or crisis referral service staff member while the peer support team member provides peer support services or the crisis hotline or crisis referral service staff member provides crisis services, and in confidence by a means that, as far as the emergency service personnel is aware, does not disclose the information to third persons other than those who are present to further the interests of the emergency service personnel or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which
the peer support team member is providing services.
(2) "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.
(3) "Critical incident" means an actual or perceived event or situation that involves crisis, disaster, trauma, or emergency.
(4) "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:
(A) Physical and emotional illness.
(B) Failure of usual coping mechanisms.
(C) Loss of interest in the job or normal life activities.
(D) Personality changes.
(E) Loss of ability to function.
(F) Psychological disruption of personal life, including the person's relationship with a spouse, child, or friend.
(5) "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.
(6) "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.
(7) "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 former Section 8669.84, and who have been appointed to the team by a Peer Support Labor-Management Committee or a site-specific peer support labor-management committee.
(8) "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.
article shall not be construed to limit an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code.
(e) This section shall become operative on January 1, 2025, and
shall only apply to communications made by emergency service personnel or a peer support team member, or by emergency service personnel to a crisis hotline or crisis referral service, between January 1, 2020, and January 1, 2025, pursuant to the former Peace Officer Peer Support and Crisis Referral Services Pilot Program established pursuant to former Article 23 (commencing with Section 8669.8).