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AN ACT relating to peer counseling for public safety employees. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 65 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Public safety employee" means an individual employed by a public agency 6
who: 7
1. Serves as a police officer as defined by KRS 15.420(2)(a)1.; 8
2. Serves in a position that is primarily engaged in firefighting activities, 9
whether paid or unpaid; 10
3. Serves as a certified telecommunicator as provided by KRS 15.560 to 11
15.565; or 12
4. Is licensed to provide emergency medical services as provided by KRS 13
Chapter 311A; 14
(b) "Peer support communication" means any oral or written communication 15
made in the course of, or application for, a peer support counseling session 16
or any communication by a peer support participant regarding the contents 17
of a peer support counseling session to another peer support specialist, staff 18
member of a peer support counseling program, or the supervisor of a peer 19
support specialist; 20
(c) "Peer support counseling program" means a program provided by a public 21
agency to provide counseling services from a peer support specialist to a 22
public safety employee; 23
(d) "Peer support counseling session" means any counseling formally provided 24
through a peer support counseling program between a peer support 25
specialist and one (1) or more public safety employees; 26
(e) "Peer support participant" means a public safety employee who receives 27 UNOFFICIAL COPY 22 RS BR 1348
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counseling services from a peer support specialist; 1
(f) "Peer support specialist" means a public safety employee designated by the 2
public agency to provide peer support counseling who has received training 3
in both peer support counseling and in providing emotional and moral 4
support to public safety employees who have been in or exposed to an 5
emotionally traumatic experience in the course of employment; and 6
(g) "Public agency" has the same meaning as the entities listed in KRS 65.870 7
(1). 8
(2) Any public agency may create and design a peer support counseling program to 9
provide support to public safety employees who have been in or exposed to an 10
emotionally traumatic experience in the course of employment. 11
(3) The content of any peer support communication shall remain confidential and 12
shall not be disclosed to any individual who was not party to the peer support 13
counseling session or peer support communication, except when the peer support 14
communication contains: 15
(a) An explicit threat of suicide by a participant in which the participant shares 16
an intent to die by suicide, a plan to carry out a suicide attempt, or discloses 17
the means by which the participant intends to carry out a suicide attempt. 18
This paragraph shall not apply to any peer support communication where 19
the participant solely shares that the participant is experiencing suicidal 20
thoughts; 21
(b) An explicit threat by a participant of imminent and serious physical and 22
bodily harm or death to a clearly identified or reasonably identifiable 23
victim; 24
(c) Information related to the abuse or neglect of a child or an older adult or 25
vulnerable individual that is required by law to be reported; 26
(d) An admission of criminal conduct; or 27 UNOFFICIAL COPY 22 RS BR 1348
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(e) Information which is required by law to be disclosed. 1
(4) A peer support participant shall hold a privilege from disclosure of any peer 2
support communication in any civil or criminal proceeding unless it contains 3
information exempted under subsection (3)(b), (c), (d), or (e) of this section. 4
Under this privilege, the peer support communication shall not be subject to 5
discovery, disclosure, or production upon the order of subpoena of a court or 6
other agency with subpoena power, regardless of who possesses them. 7
(5) Nothing in subsections (3) or (4) of this section shall be interpreted or construed 8
to prohibit: 9
(a) The use of or sharing by the public agency of anonymous data for research, 10
statistical analysis, or educational purposes; 11
(b) The disclosure of an observation by an employee of the public agency of a 12
peer support participant outside of a peer support counseling session and 13
not contained in peer support communication; or 14
(c) The disclosure of knowledge of a law enforcement officer of the public 15
agency about a peer support participant not gained from peer support 16
communication. 17