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ENGROSSED SENATE
BILL NO. 361 By: David and Weaver of the
Senate
and
Wallace of the House
An Act relating to the Oklahoma Evidence Code ;
amending 12 O.S. 2011, Section 2506.2, w hich relates
to peer support counseling confidentiality; modifying
definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 2506.2, is
amended to read as follows:
Section 2506.2. A. For purposes of this section:
1. “Emergency services provider ” means any public employer that
employs persons to provide firefighting services;
2. “Emergency services personnel” means any employee of an
emergency services provide r who is engaged in providing f irefighting
services;
3. “Employee assistance program ” means a program established by
a law enforcement agency or emergency services provider to provide
counseling or support services to emp loyees of the law enforcement
agency or emergency services provid er;
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4. “Law enforcement agency” means any county sheriff, municipal
police department, the Oklahoma Highw ay Patrol, and any state or
local public body that em ploys public safety personnel;
5. “Public safety personnel ” means a sheriff, deputy sheriff,
municipal police officer, state police officer, parole and probation
officer, corrections employee, certified reserve officer,
telecommunicator, or emergency medical dispatcher; and
6. “Peer support counseling sessions” means critical incident
stress management sessions for public safety or emergency services
personnel who have been involved in emotionally traum atic incidents
by reason of their employment . The sessions may include
participation of the immediate family of the public safety or
emergency services personnel.
B. Any communication made by a partici pant or counselor in a
peer support counseling sessio n conducted by a law enforcement
agency or by an emergency services provider for public safe ty
personnel or emergency s ervices personnel, and any oral or written
information conveyed in the peer support counseling session, is
confidential and may not be di sclosed by any person participating in
the peer support counseling session.
C. Any communication relating to a peer su pport counseling
session made confidential under subsection B of this section that i s
made between counselors, between counselors and the supervisors or
staff of an employee assistance program, or between the supervisors
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or staff of an employee assistance program, is confidential and ma y
not be disclosed.
D. The provisions of this sectio n apply only to peer support
counseling sessions cond ucted by an employee or other person who:
1. Has been designated by a law enforcement agenc y or emergency
services provider, or by an employee assist ance program, to act as a
counselor; and
2. Has received training in counseling and in providing
emotional and moral support to public safety personnel or emergency
services personnel who have been involved in emotionally tr aumatic
incidents by reason of their employment.
E. The provisions of this section apply to all oral
communications, notes, records and reports arising out of a peer
support counseling session. Any notes, records or reports ari sing
out of a peer support counseling session are not publ ic records for
the purposes of Sections 24A.1 through 24A.29 of Title 51 of the
Oklahoma Statutes.
F. Any communication made by a participant or counselor in a
peer support counseling session subje ct to this section, and any
oral or written information co nveyed in a peer support counseling
session subject to this section, is not admissible in any judicial
proceeding, administrative proceeding, arbitration proceeding , or
other adjudicatory proceeding . Communications and infor mation made
confidential under this section shall not be disclosed by the
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participants in any judicial proceeding, administrative proceed ing,
arbitration proceeding, or other adjudicatory proceeding. The
limitations on disclosur e imposed by this subsectio n include
disclosure during any discovery conducted as part of an adjudicatory
proceeding.
G. Nothing in this section limits the discove ry or introduction
in evidence of knowledge acquired by any public safety personnel or
emergency services personnel fro m observation made during the c ourse
of employment, or material or information acqui red during the course
of employment, that is otherwis e subject to discovery or
introduction in evidence.
H. This section does not apply to:
1. Any threat of suicide or ho micide made by a participant in a
peer support counseling session, or any informatio n conveyed in a
peer support counseling session relat ing to a threat of suicide or
homicide;
2. Any information relating to abuse of children or of the
elderly, or other information that is required to be reported by
law;
3. Any admission of criminal con duct; or
4. Any admission of a plan to commit a crim e.
I. This section shall not prohibit any communications between
counselors who conduct pee r support counseling sessio ns, or any
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communications betwe en counselors and the supervisors or staff of an
employee assistance program.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 8th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives