(a) Other than in a criminal proceeding, an EMS personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the EMS personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.
(b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances:
(1) To refer an EMS personnel to receive crisis referral services by a peer support team member.
(2) During a consultation between two peer support team members.
(3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(4) If the EMS personnel expressly agrees in writing that the confidential communication may be disclosed.
(5) If the disclosure is made pursuant to a court order in a civil proceeding.
(6) In a criminal proceeding.
(7) If otherwise required by law.
(c) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by an EMS personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.
(d) This section does not limit an obligation of a mandated reporter to report instances of abuse as required by law, including as required by Section 11166 of the Penal Code.
","text":"(a) Other than in a criminal proceeding, an EMS personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the EMS personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service. (b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances: (1) To refer an EMS personnel to receive crisis referral services by a peer support team member. (2) During a consultation between two peer support team members. (3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime. (4) If the EMS personnel expressly agrees in writing that the confidential communication may be disclosed. (5) If the disclosure is made pursuant to a court order in a civil proceeding. (6) In a criminal proceeding. (7) If otherwise required by law. (c) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by an EMS personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime. (d) This section does not limit an obligation of a mandated reporter to report instances of abuse as required by law, including as required by Section 11166 of the Penal Code.","otherVersions":[],"url":"https://blackletter.si/government-code/california-emergency-medical-services-peer-support-and-8669-84","source":"California Legislative Information bulk export (pubinfo)"}