3. No agency may establish or maintain a peer support team or critical incident stress management services team unless the agency complies with rules promulgated under this section.
(f) Subject to par. (g), in accordance with s. 905.095, a peer support team member or critical incident stress management services team member may refuse to disclose communications made by a person receiving peer support services or critical incident stress management services, including individual or group support sessions.
(g) Paragraph (f) applies only to communications made during interactions conducted by a peer support team member or critical incident stress management services team member who is doing all of the following:
1. Acting in the team member’s capacity as a peer support team member or critical incident stress management services team member.
2. Functioning within the written peer support guidelines or critical incident stress management services guidelines that are in effect for the team member’s respective agency.
(h) Subject to the requirements under par. (g), communications made by a person receiving or providing peer support services or critical incident stress management services, including communications made during or arising out of individual or group support sessions, are not open to public inspection, copying, or disclosure under s. 19.35.
(i) This section does not apply if any of the following are true:
1. A peer support team member or a critical incident stress management services team member was a witness or a party to the incident that prompted the delivery of peer support services or critical incident stress management services.
2. Information received by a peer support team member or a critical incident stress management services team member is indicative of actual or suspected child abuse or actual or suspected child neglect.
3. The person receiving peer support services or critical incident stress management services is a clear and immediate danger to himself or herself or others.
4. Communication to a peer support team member or a critical incident stress management services team member provides evidence that the person who is receiving the peer support services or critical incident stress management services has committed a crime, plans to commit a crime, or intends to conceal a crime.
(3) Liability exemption. (a) Except as otherwise provided in par. (b), a peer support team or peer support team member or a critical incident stress management services team or critical incident stress management services team member providing peer support services or critical incident stress management services, respectively, is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to a peer support team member’s or critical incident stress management services team member’s act, error, or omission in performing peer support services or critical incident stress management services.
(b) Paragraph (a) does not apply to an action for medical malpractice.
220,2Section 2. 905.095 of the statutes is created to read: 905.095 Peer support and critical incident stress management services communications. (1) Definitions. In this section:
(a) “Communication” has the meaning given in s. 165.875 (1) (c).
(b) “Critical incident stress management services” has the meaning given in s. 165.875 (1) (f).
(c) “Critical incident stress management services team member” has the meaning given under s. 165.875 (1) (g).
(d) “Peer support services” has the meaning given in s. 165.875 (1) (p).
(e) “Peer support team member” means a person who is designated as a peer support team member under s. 165.875 (1) (q).
(2) General rule of privilege. A person receiving peer support services from a peer support team member or a person receiving critical incident stress management services from a critical incident stress management services team member has a privilege during the person’s life to refuse to disclose and to prevent any other person from disclosing peer support communications or critical incident stress management services communications, including communications made during or arising out of individual or group support sessions.
(3) Who may claim the privilege. The privilege under this section may be claimed by the person who received the peer support services or critical incident stress management services or the guardian or conservator of the person who received the peer support services or critical incident stress management services. A person who was a peer support team member or critical incident stress management services team member at the time of the communication is presumed to have authority during the life of the person who received the peer support services or critical incident stress management services to claim the privilege on behalf of the person who received the peer support services or critical incident stress management services.
(4) Exceptions. (a) No privilege exists under this section for any of the following:
1. Communication to a peer support team member or critical incident stress management services team member that is evidence of actual or suspected child neglect or abuse.
2. Communication to a peer support team member or critical incident stress management services team member that is evidence a person receiving peer support services or critical incident stress management services is a clear and immediate danger to himself or herself or others.
3. Communication to a peer support team member or critical incident stress management services team member that is evidence that a person who is receiving the peer support services or critical incident stress management services has committed a crime, plans to commit a crime, or intends to conceal a crime.
(b) A person receiving peer support or critical incident stress management services whose communications are privileged under this section may waive the privilege in writing.
220,3Section 3. Initial applicability. (1) The treatment of s. 905.095 first applies to a communication made to a peer support team member or a critical incident stress management services team member on the effective date of this subsection.
