Oklahoma § 12-2506.2 - Peer support counseling confidentiality

§ 12-2506.2. Peer support counseling confidentiality

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 provider who is engaged in providing firefighting

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 employees of the law enforcement

agency or emergency services provider;

4. "Law enforcement agency" means any county sheriff, municipal

police department, the Oklahoma Highway Patrol and any state or

local public body that employs 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 traumatic incidents

Oklahoma Statutes - Title 12. Civil Procedure

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 participant or counselor in a

peer support counseling session conducted by a law enforcement

agency or by an emergency services provider for public safety

personnel or emergency services personnel, and any oral or written

information conveyed in the peer support counseling session, is

confidential and may not be disclosed by any person participating in

the peer support counseling session.

C. Any communication relating to a peer support counseling

session made confidential under subsection B of this section that is

made between counselors, between counselors and the supervisors or

staff of an employee assistance program, or between the supervisors

or staff of an employee assistance program, is confidential and may

not be disclosed.

D. The provisions of this section apply only to peer support

counseling sessions conducted by an employee or other person who:

1. Has been designated by a law enforcement agency or emergency

services provider, or by an employee assistance 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 traumatic

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 arising

out of a peer support counseling session are not public 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 subject to this section, and any

oral or written information conveyed 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 information made

confidential under this section shall not be disclosed by the

participants in any judicial proceeding, administrative proceeding,

arbitration proceeding, or other adjudicatory proceeding. The

limitations on disclosure imposed by this subsection include

disclosure during any discovery conducted as part of an adjudicatory

proceeding.

G. Nothing in this section limits the discovery or introduction

in evidence of knowledge acquired by any public safety personnel or

emergency services personnel from observation made during the course

of employment, or material or information acquired during the course

Oklahoma Statutes - Title 12. Civil Procedure

of employment, that is otherwise subject to discovery or

introduction in evidence.

H. This section does not apply to:

1. Any threat of suicide or homicide made by a participant in a

peer support counseling session, or any information conveyed in a

peer support counseling session relating 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 conduct; or

4. Any admission of a plan to commit a crime.

I. This section shall not prohibit any communications between

counselors who conduct peer support counseling sessions, or any

communications between counselors and the supervisors or staff of an

employee assistance program.

Added by Laws 2008, c. 135, § 1, eff. Nov. 1, 2008. Amended by Laws

2021, c. 281, § 1, eff. Nov. 1, 2021.