Sec. 18.95.030. Peer support counseling confidentiality.

348 words·~2 min read·/ak/title-18/chapter-95/18-95-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A written or oral communication made by a participant or peer support counselor during a peer support counseling session or made between peer support counselors, supervisors, or staff members relating to a peer support counseling session is confidential and may not be disclosed by a participant, peer support counselor, supervisor, or staff member to another person. Nothing in this subsection prohibits communications relating to a peer support counseling session between peer support counselors, supervisors, and staff members of a peer support counseling program.

(b)Oral or written information generated as a result of a peer support counseling session is confidential and is not subject to public disclosure under AS 40.25.100 — 40.25.295 (Alaska Public Records Act). The oral or written information is not admissible in a criminal or civil proceeding. A person may not be compelled to disclose oral or written information through discovery or testimony in a civil or criminal proceeding. Records and information collected through the peer support counseling program are not subject to discovery or subpoena in connection with a civil or criminal proceeding. This subsection does not apply to information that was acquired

(1)through observations made during the regular course of employment of a peace officer or emergency service personnel, or other material or information acquired during the course of employment of a peace officer or emergency service personnel, that is otherwise subject to discovery or introduction into evidence; or

(2)by a peer support counselor in the course of the peer support counselor's response to an incident as the initial responding peace officer or emergency service personnel, witness, or party to the incident for which a person sought peer support counseling.

(c)This section does not apply to

(1)a threat of suicide or homicide made by a participant in a peer support counseling session or any information relating to a threat of suicide or homicide;

(2)information that is required by law to be reported;

(3)information relating to the abuse of a child or a vulnerable adult;

(4)any admission of criminal conduct.