Testimonial Privilege for Peer Support Group Clients. The common law and statutes recognize testimonial privileges. For example, state law recognizes a testimonial privilege for communications between peer support group clients and counselors. In general, a counselor may not be compelled to testify in a judicial proceeding about the client's communications unless the client consents to disclosure.
A peer support group counselor is a person who has received training to provide emotional and moral support and counseling to a peer support group client who needs such services as a result of an incident in which the client was involved while acting in their official capacity.
A peer support group client is a first responder, Department of Corrections (DOC) staff person, or jail staff person.
A first responder is a law enforcement officer, limited authority law enforcement officer, firefighter, emergency services dispatcher or record keeper, licensed or certified emergency medical personnel, or member or former member of the Washington National Guard acting in certain capacities.
Task Force on Law Enforcement Officer Mental Health and Wellness in Washington. In 2020, the Legislature required the Department of Health to convene a task force on law enforcement officer mental health and wellness in the state. The task force was responsible for reviewing specified data, recommendations, and options related to improving the behavioral health status of law enforcement officers and reducing the prevalence of mental health disorder and suicide risk. The task force published a related report to the Governor and the Legislature in December of 2021 which contained the following recommendations to:
Modifying and Expanding the Testimonial Privilege for Peer Support Clients. Effective immediately, the testimonial privilege that protects communications made by a first responder peer support group client to a counselor is modified as follows:
Peer support services may be coordinated or designated among agencies pursuant to the Washington Mutual Aid Peace Officers Powers Act, an interlocal agreement, or other similar provisions; however, a written agreement is not required for the related testimonial privilege to apply.
Creating a Task Force on First Responder Wellness in Washington. The Criminal Justice Training Commission (CJTC) must, subject to appropriations, convene a task force on first responder wellness in the state (Task Force). The Task Force must be cochaired by the Executive Director of the CJTC, or the Executive Director's designee, and a representative of the fire service. The Task Force must consist of the following additional membership:
The CJTC must convene the initial Task Force meeting by December 1, 2024, and the Task Force must continue to meet at least quarterly. The Task Force must:
The Task Force must design its model policies to support efforts to establish and expand peer support services opportunities and networks, and to develop best practices and resources for peer supporters. In developing its model policies the Task Force must obtain the services of an organization with expertise in peer emotional support and workforce development to provide technical assistance.
Beginning December 1, 2025, the Task Force must submit an annual report to the Legislature on the status of its work. The Task Force expires on December 31, 2028.
Developing Trainings, Resources, and a Grant Program. The CJTC must, subject to appropriations, contract to develop certain trainings and resources related to first responder wellness and peer support, and a grant program to fund implementation or expansion of first responder peer support services programs.
Training for First Responder Peer Supporters. The CJTC must contract with an organization with expertise in peer emotional support and workforce development to develop and administer a 40-hour training program for first responder peer supporters. The contracting organization must have prior experience developing peer support training for first responders in the state. The contracting organization must consult with members of specified first responder professions when developing the training program, and compensate the first responders for such consultation. A portion of the training program's curriculum must be relevant to all first responder professions, and a portion must be specifically curated to address the unique needs of each first responder profession. The contracting organization must complete development of the training program and begin administering it by August 1, 2025, and utilize current or retired first responders as cotrainers.
Training for Mental Health and Substance Use Disorder Professionals. The CJTC must contract with an organization with expertise in mental health and substance use disorder (SUD) counseling and treatment of first responders to develop and administer training for mental health and SUD professionals to engender familiarity and cultural competency in the treatment of first responder clients. The contracting organization must consult with mental health and SUD professionals, and members of specified first responder professions. The contracting organization may develop the training to have in person, virtual, and hybrid participation options. The CJTC must direct the contracting organization to offer a set number of free training opportunities annually.
First Responder Peer Support Network and Directory of Licensed Professionals. The CJTC must contract with an organization that provides free and confidential crisis response and referral services for first responders and their families, to develop and maintain:
The CJTC may contract with an organization with expertise in peer emotional support and workforce development to provide technical assistance in developing the first responder peer support network.
First Responder Peer Support Services Grant Program. The CJTC must establish and administer a grant program to provide funding to first responder entities and agencies for the implementation or expansion of peer support services programs. Any entity or agency that receives funding through the grant program must:
PRO: When the Legislature required peer support programs for first responders in the past, it failed to provide adequate training and resources to support those efforts. First responders carry heavy burdens that can be addressed through peer support programs. A recent case from the Clark County Superior Court points to the need to extend protection to the communications between peer support group clients and counselors.
PRO: Representative Lauren Davis, Prime Sponsor; Andy McCurdy, Sumner Police Department.