38-1111 - Critical incident stress management team members; peer support team members; privilege; exceptions; definitions

38-1111. Critical incident stress management team members; peer support team members; privilege; exceptions; definitions

A. Except as provided in subsection B of this section, a critical incident stress management team member or peer support team member who, in the course of the member's response to a critical incident at the request of the member or member's agency, acquires information secretly and in confidence from a designated person shall not be compelled to disclose that information in a legal proceeding, trial or investigation before any agency of this state or a political subdivision of this state.

B. Subsection A of this section does not apply if:

1. The communication or advice indicates clear and present danger to the designated person who received crisis response services or to other persons.

2. The designated person who received crisis response services gives express consent to the testimony.

3. The communication or advice is made during the course of a criminal investigation.

4. The designated person who received crisis response services voluntarily testifies, in which case the critical incident stress management team member or peer support team member may be compelled to testify on the same subject.

5. A breach of agency policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement.

C. For the purposes of this section:

1. "Agency" means the branch of government, political subdivision of this state or joint powers authority in which a designated person is employed.

2. "Civilian employee" means a nonsworn member of an agency or peer support team.

3. "Crisis response services" means consultation, risk assessment, referral and on-site crisis intervention services provided by a critical incident stress management team, peer support team or peer support team member to a designated person.

4. "Critical incident stress management team member" means an individual who has completed training through a recognized organization that delivers critical incident stress management training and who is part of a law enforcement, probation, firefighter or emergency medical provider crisis response team.

5. "Designated person" means an emergency medical provider, firefighter or law enforcement officer or a civilian employee of an agency.

6. "Emergency medical provider" means municipal, fire district or state emergency medical services personnel or emergency medical services personnel under a joint powers authority.

7. "Firefighter" means a municipal, fire district or state firefighter or a firefighter under a joint powers authority.

8. "Law enforcement officer" means:

(a) An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.

(b) A detention officer or correction officer, other than a probationary employee, who is employed by this state or a political subdivision of this state.

9. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following:

(a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17 or who holds an equivalent license in another state.

(b) A psychologist who is licensed pursuant to title 32, chapter 19.1 or who holds an equivalent license in another state.

(c) A mental health professional who is licensed pursuant to title 32, chapter 33 or who holds an equivalent license in another state and who holds either a master's or doctoral degree related to the mental health profession.

(d) A mental health nurse practitioner or a psychiatric clinical nurse specialist who is licensed pursuant to title 32, chapter 15 or who holds an equivalent license in another state.

10. "Member" means a critical incident stress management team member or a peer support team member.

11. "Peer support team" means a group of individuals that is designated by an agency or an agency's authorized affiliate and that is trained in all of the following areas:

(a) Compassion fatigue.

(b) Crisis support.

(d) Motivational interviewing.

(e) Suicide prevention.

12. "Peer support team member" means an individual who has completed training that is provided by a licensed mental health professional through a recognized organization that offers peer support training or critical incident stress management training and who is part of any of the following:

(a) A law enforcement crisis response team.

(b) A probation officer crisis response team.

(d) An emergency medical provider crisis response team.