|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: PS DP 6-0-1-0 | Third Read 24-6-0-0-0House: PSLE DP 10-1-2-1 |
SB 1400: public safety employees; counseling; wellness
Sponsor: Senator Payne, LD 27
House Engrossed
Overview
Authorizes law enforcement agencies to establish a Wellness Program and any State agency to create a Crisis Response Services Program to support the mental health of public safety employees. Outlines confidentiality requirements of each program.
History
Currently, a critical incident stress management team member or peer support team member who acquires information secretly and in confidence from a designated person during the member's response to a critical incident, cannot be compelled to disclosed that information in a legal proceeding, trial or investigation before any agency or political subdivision of Arizona. However, this confidentiality requirement 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 services gives express consent to the testimony; 3) the communication or advice is made during a criminal investigation; 4) the designated person who received services voluntarily testifies, in which case the team member or peer support team member may be compelled to testify on that subject; and 5) a breach of agency policy exists and that breach amounts to a violation of laws that are normally enforced by law enforcement (A.R.S. § 38-1111).
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 (A.R.S. § 38-1111).
Public safety employee is defined as an individual who is a: 1) member of the public safety personnel retirement system or the corrections officer retirement plan; 2) probation, surveillance or juvenile detention officer employed by this state or a political subdivision of this state; or 3) 911 dispatcher in a primary or secondary public safety answering point. This definition does not include peace officers or firefighters (A.R.S. § 38-672).
Provisions
Wellness Program
1. Allows Arizona law enforcement agencies to establish a Wellness Program to support the mental health and well-being of the agency's employees. (Sec. 1)
2. States the program may include:
a. access to licensed counseling;
b. crisis response services;
c. training, equipment and technology necessary for an employee to perform the employee's job; and
d. any other support systems. (Sec. 1)
3. Requires law enforcement agencies that create Wellness Programs for their employees to establish written policies and procedures for the program. (Sec. 1)
4. Outlines the circumstances under which a proceeding, record, opinion, conclusion or recommendation that arises from any aspect of the Wellness Program, is not considered confidential or privileged from disclosure. (Sec. 1)
5. Specifies the right to discover or use, in any civil action, any evidence, document or record that is subject to discovery independently of the proceedings of the wellness program, is not restricted or limited by the program's confidentiality requirements. (Sec. 1)
Crisis Response Services Program
6. Authorizes agencies in this state to establish a crisis response services program to provide support to public safety employees exposed to traumatic events or emotional experiences in the course of employment. (Sec. 2)
7. Requires any crisis response services communication to remain confidential and prohibits disclosure to any individual not present at the crisis response session, unless any of the specified circumstances occur and the communication is not otherwise privileged. (Sec. 2)
8. Grants crisis response services designated persons the privilege from disclosure of any communication in any disciplinary, civil or criminal proceeding, unless it contains information exempting the communication from confidentiality requirements. (Sec. 2)
9. Entitles crisis response services communication with the same protections granted by attorney-client privilege. (Sec. 2)
10. Specifies the crisis response services communication confidentiality requirements do not prohibit any of the following:
a. the agency using or sharing anonymous data for research, statistical analysis or educational purposes;
b. an agency employee's disclosure of an observation of a designated person outside of a counseling session that is not contained in any communication; and
c. an agency law enforcement officer's disclosure of knowledge about a designated person that is not gained from crisis response services communication. (Sec. 2)
Miscellaneous
11. Defines pertinent terms. (Sec. 1, 2)
12.
13.
14. ---------- DOCUMENT FOOTER ---------
15. Initials NM/AI SB 1400
16. 4/15/2026 Page 0 House Engrossed
17.
18. ---------- DOCUMENT FOOTER ---------