§ 8669.84

(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.

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