(a) In any civil, administrative, or arbitration proceeding, an emergency service personnel, whether or not a party to an 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 made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b) Notwithstanding subdivision (a), a confidential communication described in subdivision (a) may be disclosed only 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 an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.
(4) The disclosure is made pursuant to a court order in a civil proceeding.
(5) The emergency service personnel expressly agrees in writing that the confidential communication may be disclosed.
(c) If the communication is disclosed pursuant to paragraph (1), (2), (3), or (4) of subdivision (b), a peer support team member shall notify the emergency service personnel of the disclosure in writing.
(d) The provisions of this section shall apply to the Department of Forestry and Fire Protection peer support program in effect as of July 1, 2019.
(Added by Stats. 2019, Ch. 388, Sec. 2. (AB 1116) Effective January 1, 2020.)