2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 43. EVIDENCE AND WITNESSES › Subchapter I. General Provisions › § 4319. Confidential communications involving first responders, civilian employees, or their families.

§ 4319. Confidential communications involving first responders, civilian employees, or their families.
(a) For purposes of this section:
(1) “Civilian employee” means an employee of a law-enforcement, fire, or emergency medical services agency who is not a first responder.
(2) “Critical incident” means a situation or incident which, during the course of a first responder's duties, causes or may cause a first responder to experience unusually strong negative emotional or physical stress. “Critical incident” includes any encounter that may result in the death of or serious injury to another person or the imminent potential of such death or serious bodily injury, fatal motor vehicle accidents, child abuse investigations, death investigations, large scale man-made or natural disasters, and the cumulative stress of exposure to situations or incidents during the course of a first responder's duties.
(3) “Critical incident stress management services” or “CISM services” means consultation, risk assessment, education, intervention, and other crisis intervention services provided by a CISM team or CISM team member to a first responder before, during, or after a critical incident.
(4) “Critical incident stress management team” or “CISM team” means a team composed of CISM team members who assist and provide support to a first responder who has been involved in a critical incident that may affect, or has affected, the person's work performance or general well-being.
(5) “Critical incident stress management team member” or “CISM team member” means an individual who satisfies all of the following:
a. Is specially trained to provide CISM services to assist and provide support to a first responder who has been involved in a critical incident that may affect, or has affected, the person's work performance or general well-being.
b. Meets the requirements of a nationally-accredited critical incident stress management organization or network that has been recognized by the Police Officer Standards and Training Commission.
c. Has been approved to function as a CISM team member by the colonel or chief of the police, fire, or emergency medical services agency of which the individual is a member.
(6) “First responders” means federal, Delaware state and local law-enforcement officers, fire and emergency medical services personnel, hazardous materials response team members, 911 dispatchers, chaplains, or any individual who is responsible for the protection and preservation of life, property, and evidence, and has been sent or directed to respond to a request for assistance as a result of a critical incident.
(7) “Immediate family member” means as “family” is defined in § 901 of Title 10.
(8) “Law-enforcement officer” means a police officer as defined in § 9200 of Title 11.
(9) “Participant” means any of the following:
a. A first responder who obtains or has obtained CISM services or wellness program services.
b. A first responder's immediate family member who obtains or has obtained wellness program services.
c. A civilian employee who obtains or has obtained wellness program services.
d. A civilian employee's immediate family member who obtains or has obtained wellness program services.
(10) “Trained peer support member” means a first responder designated by a state, county, or municipal law-enforcement, fire, or emergency medical services agency, with approval from the agency's colonel or chief, and specially trained to provide a participant with wellness program services.
(11) “Wellness program” means a voluntary and comprehensive health initiative designed to improve the well-being of participants through the use of trained peer support members.
(12) “Wellness program services” means services provided by a wellness program. A wellness program may offer any of the following wellness program services:
a. Counseling.
b. Spiritual guidance.
c. Education about financial resources, health resources, legal assistance, and stress management services.
(b) Except as provided in subsection (d) of this section, all proceedings, communications, and records, including any information acquired by a CISM team, CISM team member, or trained peer support member from a participant, are confidential. A CISM team member or trained peer support member may not be compelled to disclose the proceedings, communications, and records, including information, through compulsory legal process or otherwise discoverable or admissible in evidence in any action, including any legal proceeding, trial, or investigation unless the confidentiality is waived by the affected participant.
(c) The privileges in subsection (b) of this section only apply if the proceedings, communications, or records, including information, are obtained during the provision of CISM services or wellness program services.
(d) Exceptions. —
The privileges established under subsection (b) of this section do not apply if any of the following occur:
(1) The communication indicates an intent to engage in conduct likely to result in imminent death or serious physical injury to the participant or another individual.
(2) The participant expressly waives the privilege or gives consent to disclosure of the privileged communication.
(3) The participant is deceased and the surviving spouse or the executor or administrator of the estate of the deceased participant expressly waives the privilege or gives consent to disclosure of the privileged communication.
(4) The participant sought or obtained the CISM services or wellness program services to enable or aid anyone to commit or plan to commit what the participant knew, or reasonably should have known, was a “crime”, as defined under § 233 of Title 11, or fraud.
(e) Information otherwise available from the original source is not immune from discovery or use in any civil or criminal action merely because the information was disclosed by a participant during CISM services or wellness program services if the information sought is otherwise permissible and discoverable.
78 Del. Laws, c. 236, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 79, § 5;  84 Del. Laws, c. 149, § 11;  84 Del. Laws, c. 224, § 1;