34 U.S.C. § 50901: Confidentiality of peer support communications

The term “law enforcement agency” means a Federal agency that employs a law enforcement officer. The term “law enforcement officer” has the meaning given the term “Federal law enforcement officer” in section 115 of title 18 . an oral or written communication made in the course of a peer support counseling session; a note or report arising out of a peer support counseling session; a record of a peer support counseling session; or another peer support specialist; a staff member of a peer support counseling program; or a supervisor of the peer support specialist. The term “peer support counseling program” means a program provided by a law enforcement agency that provides counseling services from a peer support specialist to a law enforcement officer of the agency. The term “peer support counseling session” means any counseling formally provided through a peer support counseling program between a peer support specialist and 1 or more law enforcement officers. The term “peer support participant” means a law enforcement officer who receives counseling services from a peer support specialist. peer support counseling; and providing emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of employment; and is designated by a law enforcement agency to provide the services described in subparagraph (A). Except as provided in subsection (c), a peer support specialist or a peer support participant may not disclose the contents of a peer support communication to an individual who was not a party to the peer support communication. an intent to die by suicide; and a plan for a suicide attempt or the means by which the individual plans to carry out a suicide attempt; and does not solely share that the individual is experiencing suicidal thoughts; an explicit threat by an individual of imminent and serious physical bodily harm or death to another individual; a child; or an older or vulnerable individual; or that is required by law to be reported; or an admission of criminal conduct; the peer support communication; the peer support counseling session out of which the peer support communication arose; the peer support counseling session of which the peer support communication is a record; or the communication made in the course of a peer support counseling session that the peer support communication is regarding; a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the peer support communication; or the peer support communication contains information that is required by law to be disclosed. an observation made by a law enforcement officer of a peer support participant outside of a peer support counseling session; or knowledge of a law enforcement officer about a peer support participant not gained from a peer support communication. Before the initial peer support counseling session of a peer support participant, a peer support specialist shall inform the peer support participant in writing of the confidentiality requirement under subsection (b) and the exceptions to the requirement under subsection (c).