Bill > LB804

This bill establishes confidential and privileged peer support counseling for law enforcement officers, emergency services personnel (defined as employees or volunteers providing or supporting firefighting, dispatching, or emergency medical services), and Nebraska National Guard personnel. It defines key terms like "communication," "peer support specialist" (a trained individual designated to lead or assist in counseling sessions), and "peer support team" (a group of specialists). The bill mandates that any communication made during a peer support counseling session, or as a result of it, is confidential and cannot be disclosed. This confidentiality extends to communications between specialists and employee assistance program staff, and these communications are not considered public records or admissible in any judicial, administrative, or other adjudicatory proceedings, including discovery. However, this protection does not apply to threats of suicide or criminal acts, information about abuse or neglect, admissions of criminal conduct, or disclosures made with the express consent of the participant or, if deceased, their surviving spouse or estate representative. The bill also clarifies that it does not limit the introduction of evidence acquired through direct observation or other employment-related means, nor does it prevent communications between specialists or between an employee assistance program and an employer regarding an employee's fitness for duty.

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https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63164