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Rule507. First Responder PeerSupport.

 

(a)  Definitions.

 

(a)(1) "Peer Support communication"means information that iscommunicated inconfidence to a peer supportteammember for the purpose of providing peer supportservices, including but notlimited to oral statements, written statements, notes, records,or reports.

? ??? (a)(2) ?Peer supportteammember? means a person whois:

????? (a)(2)(A) designatedas a peer support team member for firstrespondersunder UCA ?78B-5-901 and

(a)(2)(B) providing peer supportservices in accordance with writtenguidelines requiredby UCA ? 78B-5-901.

(a)(3) ?Peer support team member? does notmean a person whowasa witness or a party to an incidentthatpromptedthedelivery of the peer supportservices.

 

???????????? (b) Statement of the Privilege.Aperson receiving peer support services from a peer support team member has a privilege during the person?slife,to refuse to disclose andto prevent any other person from disclosing peer support communications.

 

???????????? (c) WhoMayClaim the Privilege. Theprivilege may beclaimed by the person who receivedthe peer supportservices, orthe guardian or conservator ofthe person whoreceived the peer support services.A person who was a peer supportteammember atthe time of the communication ispresumed to have authority during thelife ofthe person who receivedthe peer supportservices to claim the privilege onbehalf of theperson who received thepeersupport services.

 

???????????? (d) Exceptions. Noprivilege exists under paragraph(b)for:

 

(d)(1) communicationto a peer supportteammember thatis evidence ofactual or suspected child neglect or abuse;

(d)(2) communication to a peer supportteammember thatis evidence a personreceiving peer support services isa clear and immediate danger to the person?s selfor others,

(d)(3) communication to a peer support team member thatestablishes reasonablecause for the peer support team member to believe theperson receiving peer support services is mentally or emotionally unfit for duty; or

(d)(4) communication to the peer support team member that isevidence thatthe person who is receiving the peer support services has committed a crime, plans tocommit a crime, or intends to conceal a crime.

 

Effective May 8, 2018