15.409 Wellness program -- Confidentiality of records and communications --
458 words·~2 min read·
/ky/15-409A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Exceptions to privilege.
(1)As used in this section:
(a)"Early intervention system" means a methodology that identifies and
addresses potentially problematic behaviors; and
(b)"Wellness program" means a program created by a law enforcement agency to
support the physical and mental health of law enforcement personnel.
(2)A law enforcement agency may create its own wellness program in order to support
the mental health and well-being of its employees. These programs may include but
are not limited to an early intervention system, access to mental health counseling,
crisis counseling, support systems, training, equipment, and technology necessary
for an employee to perform his or her job.
(3)Any law enforcement agency that creates its own wellness program shall establish
written policies and procedures for the program.
(a)Except as provided in paragraph
(b)of this subsection, all proceedings,
records, opinions, conclusions, and recommendations arising from any aspect
of a wellness program shall be confidential and privileged from disclosure,
regardless of who possesses them. Under this confidentiality and privilege, the
wellness program records or communications shall be subject to the same
protections as any counselor-client privilege provided under the Kentucky
Rules of Evidence in any criminal or civil proceeding. The participating
officer or telecommunicator shall be the holder of the privilege.
(b)This privilege shall not apply:
1. To the disclosure of relevant information in response to a claim made by
the holder of the privilege against a law enforcement agency related to
programs or services provided by a wellness program under this section;
or
2. When an officer's or telecommunicator's communication contains:
a. An explicit threat of suicide in which the participant shares an
intent to die by suicide, a plan to carry out a suicide attempt by the
participant, or a disclosure of the means by which the participant
intends to carry out a suicide attempt. This paragraph shall not
apply to any wellness program communication where the officer
or telecommunicator solely shares that the participant is
experiencing suicidal thoughts;
b. An explicit threat by a participant of imminent and serious
physical injury and bodily harm or death to a clearly identified or
reasonably identifiable victim;
c. Information related to the abuse or neglect of a child or an older
adult or vulnerable individual that is required by law to be
reported;
d. An admission of criminal conduct; or
e. Other information which is required by law to be disclosed.
(c)Nothing in this subsection shall be construed to restrict or limit the right to
discover or use in any civil action any evidence, document, or record that is
subject to discovery independently of the proceedings of the wellness
program.
(d)A law enforcement agency may use anonymous data for research, statistical
analysis, and educational purposes.