Current through 2024 Legislative Session
Section 8669.84 - [Effective 1/1/2025] EMS personnel can refuse to disclose confidential communications; exceptions(a) Other than in a criminal proceeding, an EMS personnel, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the EMS personnel and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.(b) Notwithstanding subdivision (a), a confidential communication may be disclosed under the following circumstances: (1) To refer an EMS personnel to receive crisis referral services by a peer support team member.(2) During a consultation between two peer support team members.(3) If the peer support team member reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.(4) If the EMS personnel expressly agrees in writing that the confidential communication may be disclosed.(5) If the disclosure is made pursuant to a court order in a civil proceeding.(6) In a criminal proceeding.(7) If otherwise required by law.(c) Notwithstanding subdivision (a), a crisis hotline or crisis referral service may disclose confidential information communicated by an EMS personnel to prevent reasonably certain death, substantial bodily harm, or commission of a crime.(d) This section does not limit an obligation of a mandated reporter to report instances of abuse as required by law, including as required by Section 11166 of the Penal Code.Added by Stats 2024 ch 744 (AB 2859),s 1, eff. 1/1/2025.