Added by Stats. 2024, Ch. 744, Sec. 1. (AB 2859) Effective January 1, 2025.
(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.
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