71-7117. Privilege; who may claim; exceptions.
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/ne/chapter-71/71-7117A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as otherwise provided in this section, the following are privileged and confidential:
(a)Any communication occurring during a peer support services meeting between a peer support team member and a recipient of peer support services;
(b)Any communication relating to peer support services that is made between peer support team members or between peer support team members and the supervisors or clinical supervisors of a peer support team; and
(c)Any records detailing or arising out of interactions described in subdivision (1)(a) or
(b)of this section.
(2)Except as otherwise provided in this section, communications and records that are privileged and confidential under subsection
(1)of this section:
(a)Are not public records;
(b)Are not subject to discovery; and
(c)Shall not be admissible in evidence in any proceeding.
(3)A peer support team member may disclose communications or records described in subsection
(1)of this section:
(a)With the written consent of the recipient of the peer support services at issue;
(b)If the recipient of the peer support services at issue is deceased, with the written consent of the recipient's surviving spouse or personal representative;
(c)If there are articulable facts or circumstances that would lead a reasonable, prudent person to fear for the safety of the peer support services recipient, another individual, or society, and the peer support team member communicates the information only to the potential victims, appropriate family members, law enforcement, and other appropriate authorities; or
(d)When the peer support team member is a defendant or respondent in a proceeding arising from a complaint, accusation, or allegation filed by the recipient of peer support services, in which case such communications or records may be divulged but only to the extent necessitated by such proceeding.
(4)The privilege and confidentiality provided for in this section shall not apply to communications or records that a peer support member is required to disclose because such communication or record:
(a)Indicates child abuse or neglect that must be reported under section 28-711 ;
(b)Indicates abuse, neglect, or exploitation of a vulnerable adult that must be reported under section 28-372 ; or
(c)Causes the peer support team member to believe that the recipient of peer support services has committed a criminal act.
(5)A peer support team member shall not be liable in any proceeding for making a disclosure under subdivision (3)(c) or subsection
(4)of this section.
(6)A recipient of peer support services shall not be examined in any proceeding regarding communications or records described in subsection
(1)of this section without his or her consent.
(7)This section does not prohibit any communications between peer support team members or any communications between peer support team members and the supervisors or staff of a peer support program.
(8)This section does not limit the disclosure, discovery, or admissibility of information, testimony, or evidence that is:
(a)Obtained by a peer support team member from a source other than a peer support services communication; or
(b)Acquired by any law enforcement personnel or emergency services personnel during the course of employment and that is otherwise subject to discovery or introduction into evidence.