The federal legislation, Senate Bill S. 3434, was signed into law last week. The Confidentiality Opportunities for Peer Support Act “COPS” protects the confidentiality of FEDERAL law enforcement officers who participate in peer support groups. The bill includes provisions for the development of a peer support best practices report to be publicly available in 2 years.
Federal law
In section 2 (b) the law seems pretty clear regarding confidentiality – Prohibition—Except as provided in subsection (c), a peer support specialist or a peer support participant may not disclose the contents of a peer support communication to an individual who was not a party to the peer support communication.
Unfortunately, subsection (c) includes the following two important exceptions to confidentiality (D) (1) an admission of criminal conduct and (3) a court of competent jurisdiction issues and order or subpoena requiring the disclosure of the peer support communication.
Maine’s law
Maine’s law seems to have limitations and states: “...confidential and are not subject to compulsory legal process or otherwise discoverable or admissible in evidence in any civil action...”. Maine’s law seems to leave open the possibility for prosecutors to obtain information discussed in a peer support group.
Maine’s law “An Act to Amend the Laws Governing Critical Incident Stress Management Teams”, defines Critical incident stress management peer support as it relates to a “critical incident” and then defines the parameters of a “critical incident”.
Unlike the federal law that does not limit peer support to just “critical incidents” Maine’s law seems to do just that. It would seem using a peer support person to talk about a divorce, a child custody battle, a drinking problem, or anything other than a critical incident as defined, would not be considered confidential.
Feds to Issue a Report
“Not later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall develop a report on best practices and professional standards for peer support counseling programs for first responder agencies that includes:”
Advice on establishing and operating peer support counseling programs; and training and certifying peer support specialists; a code of ethics for peer support specialists; recommendations for continuing education for peer support specialists; advice on disclosing to first responders any confidentiality rights of peer support participants.
The report is to include information on the different types of peer support counseling programs in use by first responder agencies; any differences in peer support counseling programs offered across categories of first responders; and the important role senior first responders play in supporting access to mental health [sic] counseling resources.
Where is the help?
It is The Center’s mission to remove the stigma associated with LEOs asking for help and confidentiality is a crucial part of being able to talk. Peer supports are not treatment, but they can be an important part of cracking the monolith that is the culturally driven prohibition on LEOs asking for help. These two laws seem to have problems with assuring that all-important piece of talking, shutting up (confidentiality).