N.Y. EXC Law § 837-Z — New York Code / Act EXC / Article 35 / Section 837-Z
Law enforcement peer support program
Status: in_force

§ 837-z. Law enforcement peer support program. 1. Definitions. As used\nin this section the following terms shall have the following meanings:\n  (a) "Law enforcement agency" means any department, division, agency,\nboard, commission, or public authority of the state or any subdivision\nthereof that employs police officers.\n  (b) "Police officer" means a police officer as defined in section 1.20\nof the criminal procedure law.\n  (c) "Peer support communication" includes:\n  (i) an oral or written communication made in the course of a peer\nsupport counseling session;\n  (ii) a note or report arising out of a peer support counseling\nsession; or\n  (iii) a record of a peer support counseling session.\n  (d) "Peer support counseling program" means a program provided by a\nlaw enforcement agency that provides counseling services from a peer\nsupport specialist to a police officer of the law enforcement agency.\n  (e) "Peer support counseling session" means any counseling formally\nprovided through a peer support counseling program between a peer\nsupport specialist and one or more police officers.\n  (f) "Peer support participant" means a police officer who receives\ncounseling services from a peer support specialist.\n  (g) "Peer support specialist" means a police officer who:\n  (i) has received an approved training in peer support counseling,\nincluding providing emotional and moral support to police officers who\nhave been involved in or exposed to an emotionally traumatic experience\nin the course of employment; and\n  (ii) is designated by a law enforcement agency to provide the services\ndescribed in subparagraph (i) of this paragraph.\n  2. Confidentiality. Except as provided in subdivision three of this\nsection:\n  (a) a peer support specialist shall not disclose the contents of a\npeer support communication to an individual who was not a party to such\npeer support communication; and\n  (b) a peer support participant shall not disclose the contents of a\npeer support communication to anyone employed by the same law\nenforcement agency who was not originally a party to such peer support\ncommunication.\n  3. Exceptions. A peer support communication shall not be confidential\nif:\n  (a) it contains or reveals a specific threat of suicide, an expression\nof suicidal ideation, engagement in self-harm, or a threat of bodily\nharm or death, provided disclosure of such communication shall only be\npermitted for the purpose of preventing or mitigating such harm and is\nmade to a person or persons reasonably in a position to provide\nassistance in preventing or mitigating such harm.\n  (b) it contains an admission of criminal conduct; or\n  (c) the peer support participant has provided consent for disclosure,\nwhich may be provided at any time, and the disclosure is consistent with\nsuch consent.\n  4. Disclosure. Nothing in this section shall be construed to prevent\nor limit disclosure of the contents of a peer support communication\nwhere such disclosure is otherwise required by law, including, but not\nlimited to:\n  (a) mandatory reporting of suspected child abuse or maltreatment, in\naccordance with section four hundred thirteen of the social services\nlaw; and\n  (b) mandatory filing under article sixty-three-a of the civil practice\nlaw and rules relating to extreme risk protection orders; and\n  (c) as ordered by a court of competent jurisdiction.\n  5. Written notice. Before the initial peer support counseling session\nof a peer support participant, a peer support specialist shall inform\nthe peer support participant in writing of the confidentiality\nrequirement under subdivision two of this section and the exceptions to\nthat requirement under subdivisions three and four of this section.\n  6. Rules and regulations. The division shall identify and approve\ntraining courses that meet the division's identified minimum standards\nand may promulgate rules and regulations necessary to effectuate this\nsection.\n