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Index	Utah Code
Title 78B	Judicial Code
Chapter 5	Procedure and Evidence
Part 9	Public Safety Peer Counseling and Behavioral Emergency Services Technicians
Section 903	Creation -- Training -- Communications -- Exclusions. *(Effective 3/1/2023)*

Effective 3/1/2023
78B-5-903. Creation -- Training -- Communications -- Exclusions.

(1)

A law enforcement agency, fire department, emergency medical service agency, rescue unit, or public safety answering point:

(a)	may create a peer support team; and

(b)	if a peer support team is created, shall develop guidelines for the peer support team and its members.

(2)	A peer support team member shall complete a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Department of Health and Human Services, as applicable.

(3)	In accordance with the Utah Rules of Evidence, a peer support team member may refuse to disclose communications made by an individual participating in peer support services, including group therapy sessions.

(4)

Subsection (3) applies only to communications made during individual interactions conducted by a peer support team member who is:

(a)

acting in the member's capacity as:

(i)	a law enforcement or firefighter peer support team member;

(ii)	an emergency medical service provider or rescue unit peer support team member; or

(iii)

a public safety answering point peer support team member; and

(b)	functioning within the written peer support guidelines that are in effect for the member's respective law enforcement agency, fire department, emergency medical service agency, rescue unit, or public safety answering point.

(5)

This part does not apply if:

(a)	a peer support team member was a witness or a party to the incident that prompted the delivery of peer support services;

(b)	information received by a peer support team member is indicative of actual or suspected child abuse, or actual or suspected child neglect;

(c)	the individual receiving peer support is a clear and immediate danger to the individual's self or others;

(d)	communication to a peer support team member establishes reasonable cause for the peer support team member to believe that the individual receiving peer support services is mentally or emotionally unfit for duty; or

(e)	communication to the peer support team member provides evidence that the individual who is receiving the peer support services has committed a crime, plans to commit a crime, or intends to conceal a crime.

Amended by Chapter 19, 2023 General Session

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