§ 1799.302
293 words·~1 min read·
/ca/health-and-safety-code/1799-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, 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 emergency ambulance employee 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 described in subdivision
(a)may be disclosed only under any of the following circumstances:
(1)The peer support team member reasonably must make an appropriate referral of the emergency ambulance employee to, or consult about the emergency ambulance employee with, another member of the peer support team or a peer support team clinician associated with the peer support team.
(2)The peer support team member, crisis hotline, or crisis referral service reasonably believes that disclosure is necessary to prevent death, substantial bodily harm, or commission of a crime.
(3)The peer support team member reasonably believes that disclosure is necessary pursuant to an obligation to report instances of child abuse, as required by Section 11166 of the Penal Code, or other obligation to disclose or report as a mandated reporter.
(4)The disclosure is made pursuant to a court order in a civil proceeding.
(5)In a criminal proceeding.
(6)If otherwise required by law.
(7)The emergency ambulance employee expressly agrees in writing that the confidential communication may be disclosed.
(c)Before an emergency ambulance employee participates in a peer support program, a peer support team member shall inform the emergency ambulance employee, in writing, of the confidentiality requirement described in subdivision
(a)and the exceptions to that requirement described in subdivision (b).