BP BHEAD INT H [atlas:bill]

AN ACT Relating to communications between emergency service providers and trained peer supporters; amending RCW 5.60.060; and adding a new section to chapter 38.52 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 5.60.060 and 1998 c 72 s 1 are each amended to read as follows:

(1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

(2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

(b) A parent or guardian of a minor child arrested on a criminal charge may not be examined as to a communication between the child and his or her attorney if the communication was made in the presence of the parent or guardian. This privilege does not extend to communications made prior to the arrest.

(3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

(4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon or podiatric physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

(5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

(6)(a) A trained peer ((~~support group counselor~~)) supporter shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the ((~~counselor~~)) trained peer supporter by the officer while receiving ((~~counseling~~)) peer support services. The ((~~counselor~~)) trained peer supporter must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in ((~~counseling~~)) receiving peer support services. The privilege only applies when the communication was made to the ((~~counselor~~)) trained peer supporter while acting in his or her capacity as a trained peer ((~~support group counselor~~)) supporter. The privilege does not apply if the ((~~counselor~~)) trained peer supporter was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support ((~~group counseling~~)) services to the law enforcement officer.

(b) For purposes of this section, "trained peer ((~~support group counselor~~)) supporter" means a:

(i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support ((~~and counseling~~)) to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

(ii) Nonemployee counselor or other mental health services provider who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.

(7) A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made by the victim to the sexual assault advocate.

(a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.

(b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed.

NEW SECTION. Sec. 2. A new section is added to chapter 38.52 RCW to read as follows:

(1) Pursuant to the provisions of this section, any communication made by an emergency service provider participating in a peer support session conducted by a trained peer supporter is confidential and shall not be disclosed by the trained peer supporter or an emergency service provider participating in the session. A peer support session may consist of a trained peer supporter and one or more emergency service providers.

(2) The confidentiality provisions in this section apply when:

(a) The trained peer supporter was designated as such by the emergency service provider agency or entity prior to the incident that prompted the delivery of peer support services;

(b) The emergency service provider participating in the peer support session was employed as such prior to the incident by the same emergency service provider agency or entity that designated the trained peer supporter;

(c) The emergency service provider participating in the peer support session was part of the emergency service provider personnel involved in responding to, or rendering assistance during, the incident which prompted the delivery of peer support services; and

(d) The communication was made to the trained peer supporter while acting in his or her capacity as a trained peer supporter or to another emergency service provider during the peer support session.

(3) A trained peer supporter or emergency service provider participating in a peer support session shall not disclose any communication made to the trained peer supporter or participant by the emergency service provider during the peer support session, unless:

(a) The disclosure is necessary to provide assistance pursuant to the peer support session;

(b) The emergency service provider making the communication consents to the disclosure; or

(c)(i) The person seeking disclosure of the communication makes a written motion to the court requesting disclosure of the communication, and states in an affidavit the reasons why the person is seeking disclosure; and (ii) the court finds, after an in-camera review of the communication, that the communication is material and relevant and the probative value of the communication outweighs the emergency service provider's privacy interest in the communication, and the court orders disclosure.

(4) Any communication made during a peer support session is not subject to the confidentiality provisions in this section merely because it is made during the session if the communication is otherwise not confidential.

(5) For purposes of this section, "trained peer supporter" means:

(a) An emergency service provider, or a civilian employee of an emergency service provider agency or entity, who has received training to provide emotional and moral support to an emergency service provider who needs those services as a result of an incident in which the emergency service provider was involved while acting in his or her official capacity; or

(b) A nonemployee counselor or mental health service provider who has been designated by the emergency service provider agency or entity to provide emotional and moral support and counseling to an emergency service provider who needs those services as a result of an incident in which the emergency service provider was involved while acting in his or her official capacity.

(6) For purposes of this section, "emergency service provider" means a law enforcement officer, fire fighter, emergency medical technician as defined in RCW 18.73.030, emergency worker as defined in RCW 38.52.010, or ambulance or aid vehicle services personnel. The provisions in this section are intended to supplement the provisions granted to law enforcement officers under RCW 5.60.060, and if a conflict exists, the statute granting the greater protection against disclosure shall apply. However, any communication made in a peer support session consisting of a trained peer supporter and more than one law enforcement officer is governed under this section.