Current through the 2024 Budget Session
Section 7-23-102 - Peer support counseling session communications; confidentiality; applicability(a) Any communication made by a participant or peer support specialist in a peer support counseling session, and any oral or written information conveyed in or as the result of a peer support counseling session, shall be confidential and shall not be disclosed by any person participating in or conducting the peer support counseling session.(b) Any communication between peer support specialists relating to a peer support counseling session, between peer support specialists and the supervisors or staff of an employee assistance program or between the supervisors or staff of an employee assistance program shall be confidential and shall not be disclosed.(c) This section shall apply only to peer support counseling sessions conducted by a peer support specialist.(d) This section shall apply to all oral communications, notes, records and reports arising out of a peer support counseling session. Any notes, records or reports arising out of a peer support counseling session shall not be public records and shall not be available for inspection or disclosure under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205. Nothing in this section limits the discovery or introduction into evidence of knowledge acquired by any law enforcement officer or emergency services personnel from observations made during the course of employment, or material or information acquired during the course of employment, that is otherwise subject to discovery or introduction into evidence.(e) This section shall not apply to any: (i) Threat of suicide or criminal act made by a participant in a peer support counseling session, or any information conveyed in a peer support counseling session relating to a threat of suicide or criminal act;(ii) Information relating to abuse of spouses, children or the elderly, or other information that is required to be reported by law;(iii) Admission of criminal conduct;(iv) Disclosure of testimony by a participant who received peer support counseling services and expressly consented to the disclosure; or(v) Disclosure of testimony by the surviving spouse or executor or administrator of the estate of a deceased participant who received peer support counseling services and the surviving spouse or executor or administrator expressly consented to the disclosure.(f) This section shall not prohibit any communications between peer support specialists who conduct peer support counseling sessions, or any communications between peer support specialists and the supervisors or staff of an employee assistance program.(g) This section shall not prohibit communications regarding the fitness of an employee for duty between an employee assistance program and an employer.Added by Laws 2023, ch. 149,§ 1, eff. 7/1/2023.