60-473. Peer support counseling session communication privilege; emergency services personnel, law enforcement personnel and national guard member. (a) For the purposes of this section:
(1) "Emergency services personnel" means any employee or volunteer of an emergency services provider who is engaged in providing or supporting firefighting, dispatching services and emergency medical services.
(2) "Emergency services provider" means any public employer that employs persons to provide firefighting, dispatching services and emergency medical services.
(3) "Employee assistance program" means a program established by a law enforcement agency, emergency services provider or the Kansas national guard to provide professional counseling or support services to employees of a law enforcement agency, emergency services provider, national guard member or a professional mental health provider associated with a peer support team.
(4) "Law enforcement agency" means any public agency that employs law enforcement officers.
(5) "Law enforcement personnel" means a law enforcement officer, as defined in K.S.A. 22-2202 or 74-5602, and amendments thereto, an employee or volunteer of a law enforcement agency.
(6) "National guard member" means a regularly enlisted, officer or civilian member of the Kansas national guard.
(7) "Peer support counseling session" means any session conducted by a peer support specialist that is called or requested in response to a critical incident or traumatic event involving the personnel of the law enforcement agency, emergency services provider or the Kansas national guard.
(8) "Peer support specialist" is a person:
(A) Designated by a law enforcement agency, emergency services provider, the Kansas national guard, employee assistance program or peer support team leader to lead, moderate or assist in a peer support counseling session;
(B) who is a member of a peer support team; and
(C) has received training in counseling and providing emotional and moral support to law enforcement officers, emergency services personnel or national guard members who have been involved in emotionally traumatic incidents by reason of their employment.
(9) "Peer support team" means a group of peer support specialists serving one or more law enforcement providers or emergency services providers.
(b) Any communication made by a participant or peer support specialist in a peer support counseling session pursuant to this section, and any oral or written information conveyed in or as the result of the peer support counseling session, are confidential and may not be disclosed by any person participating in the peer support counseling session.
(c) Any communication relating to a peer support counseling session made confidential under subsection (b) that is made between peer support specialists, between peer support specialists and the supervisors or staff of an employee assistance program, or between the supervisors or staff of an employee assistance program, is confidential and may not be disclosed.
(d) The provisions of this section apply only to peer support counseling sessions conducted by a peer support specialist.
(e) (1) The provisions of this section apply to all oral communications, notes, records and reports arising out of a peer support counseling session.
(2) Any notes, records or reports arising out of a peer support counseling session shall not be public records and shall not be subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this paragraph shall not be required to be reviewed by the legislature and shall not expire in accordance with K.S.A. 45-229, and amendments thereto.
(f) Any communication made by a participant or peer support specialist in a peer support counseling session subject to this section, and any oral or written information conveyed in a peer support counseling session subject to this section, are not admissible in any judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding. Communications and information made confidential under this section shall not be disclosed by the participants in any judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding. The limitations on disclosure imposed by this subsection include disclosure during any discovery conducted as part of an adjudicatory proceeding.
(g) Nothing in this section limits the discovery or introduction into evidence of knowledge acquired by any law enforcement personnel or emergency services personnel from observation made during the course of employment, or material or information acquired during the course of employment, that is otherwise subject to discovery or introduction into evidence.
(h) This section does not apply to any:
(1) Threat of suicide or criminal act made by a participant in a peer support counseling session, or any information conveyed in a peer support counseling session relating to a threat of suicide or criminal act;
(2) information relating to abuse of spouses, children or the elderly, or other information that is required to be reported by law;
(3) admission of criminal conduct;
(4) disclosure of testimony by a participant who received peer support counseling services and expressly consented to such disclosure; or
(5) disclosure of testimony by the surviving spouse or executor or administrator of the estate of a deceased participant who received peer support counseling services and such surviving spouse or executor or administrator expressly consented to such disclosure.
(i) This section does not prohibit any communications between peer support specialists who conduct peer support counseling sessions, or any communications between peer support specialists and the supervisors or staff of an employee assistance program.
(j) This section does not prohibit communications regarding fitness of an employee for duty between an employee assistance program and an employer.
(k) This section shall be a part of and supplemental to article 4 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2015, ch. 89, § 3; L. 2019, ch. 42, § 1; July 1.
Structure Kansas Statutes
60-403 Exclusionary rules not to apply to undisputed matter.
60-404 Effect of erroneous admission of evidence.
60-405 Effect of erroneous exclusion of evidence.
60-408 Preliminary inquiry by judge.
60-409 Facts which must or may be judicially noticed.
60-410 Determination as to propriety of judicial notice and tenor of matter noticed.
60-411 Instructing the trier of fact as to matter judicially noticed.
60-412 Judicial notice in proceedings subsequent to trial.
60-414 Effect of presumptions.
60-415 Inconsistent presumptions.
60-416 Burden of proof not relaxed as to some presumptions.
60-417 Disqualification of witness; interpreters.
60-419 Prerequisites of knowledge and experience.
60-420 Evidence generally affecting credibility.
60-421 Limitations on evidence of conviction of crime as affecting credibility.
60-422 Further limitations on admissibility of evidence affecting credibility.
60-424 Definition of incrimination.
60-426 Attorney-client privilege.
60-426a Attorney-client privilege and work product; limitations on waiver.
60-427 Physician-patient privilege.
60-428 Marital privilege, confidential communications.
60-429 Penitential communication privilege.
60-435 Communication to grand jury.
60-437 Waiver of privilege by contract or previous disclosure.
60-438 Admissibility of disclosure wrongfully compelled.
60-439 Reference to exercise of privilege; presumption and adverse inference not permitted.
60-440 Effect of error in overruling claim of privilege.
60-441 Evidence to test a verdict or indictment.
60-442 Testimony by the judge.
60-444 Testimony of jurors not limited except by this article.
60-445 Discretion of judge to exclude admissible evidence.
60-446 Character — manner of proof.
60-447 Character trait as proof of conduct.
60-448 Character trait for care or skill.
60-449 Habit or custom to prove specific behavior.
60-450 Opinion and specific instances of behavior to prove habit or custom.
60-451 Subsequent remedial conduct.
60-452 Offer to compromise and the like, not evidence of liability.
60-452a Dispute resolution; confidentiality.
60-453 Offer to discount claim, not evidence of invalidity.
60-455 Other crimes or civil wrongs.
60-456 Testimony in form of opinion or inferences.
60-457 Preliminary examination for non-expert witness; pre-trial hearing for expert witness.
60-458 Expert opinion or inference; facts or data relied upon, admissibility.
60-460 Hearsay evidence excluded; exceptions.
60-461 Discretion of judge under exception to exclude evidence.
60-462 Credibility of declarant.
60-464 Authentication or identification of evidence; examples.
60-465 Authentication of public documents; self-authenticating evidence.
60-466 Certificate of lack of record.
60-467 Original document required as evidence; exceptions.
60-468 Proof of attested writings.
60-469 Proving content of business and public records.
60-472 Photographs of property wrongfully taken.
60-480 Journalist privilege; definitions.
60-482 Same; compelled disclosure.
60-483 Same; hearing; disclosure.