LCO No. 6444 1 of 3 General Assembly Raised Bill No. 7394 January Session, 2019 LCO No. 6444 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT CONCERNING TH E PROTECTION OF CONFIDENTIAL COMMUNICATIONS BETWE EN A FIRST RESPONDER AND A PEER SUPPORT TEAM MEMBER. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1 section: 2 (1) "Peer support team member" means any person engaged in 3 directing or staffing any peer support program established by an 4 employer for the benefit of an employee who is a first responder; 5 (2) "First responder" means: Any peace officer or firefighter, as 6 defined in section 53a-3 of the general statutes; any ambulance driver, 7 emergency medical responder, emer gency medical technician, 8 advanced emergency medical technician, or paramedic, as defined in 9 section 19a-175 of the general statutes; and any telecommunicator, as 10 defined in section 28-30 of the general statutes; and 11 (3) "Confidential communications" means all oral and written 12 communications transmitted in confidence between a first responder 13 Raised Bill No. 7394 LCO No. 6444 2 of 3 and a peer support team member in the course of participation in an 14 employer established peer support program and all records prepared 15 by a peer support team member in the course of the relationship with a 16 first responder. 17 (b) Except as provided in subsection (d) of this section, no peer 18 support team member shall disclose any confidential communications 19 (1) to any third person, other than a person to whom disclosure is 20 reasonably necessary for the accomplishment of the purposes for 21 which such member is consulted, (2) in any civil or criminal case or 22 proceeding, or (3) in any legislative or administrative proceeding, 23 unless the first responder making the confidential communication 24 waives the privilege. 25 (c) No person in any civil or criminal case or proceeding or in any 26 legislative or administrative proceeding may request or require 27 information from any first responder relating to the first responder's 28 participation in a peer support program, including whether or not 29 such first responder at any time participated in such peer support 30 program. 31 (d) Consent of a first responder shall not be required for the 32 disclosure of such first responder's confidential communications: 33 (1) Where mandated by any other provision of the general statutes; 34 (2) Where a peer support team member believes in good faith that 35 the failure to disclose such confidential communications presents a 36 clear and present danger to any individual, including the first 37 responder; and 38 (3) Where the peer support team member was a witness or party to 39 an incident that resulted in the delivery of peer support services to the 40 first responder. 41 This act shall take effect as follows and shall amend the following sections: Raised Bill No. 7394 LCO No. 6444 3 of 3 Section 1 October 1, 2019 New section Statement of Purpose: To ensure the confidentiality of certain communications that take place between a first responder and a peer support team member. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]