The proposed bill aims to strengthen the confidentiality of communications between individuals and peer support team members, with specific exceptions to ensure safety and legal compliance.
Key Provisions:
Confidentiality Assurance: Peer support team members are prohibited from disclosing any information shared by a recipient during support sessions without the recipient's explicit consent.
Exceptions to Confidentiality: Disclosure is permitted under certain circumstances, such as when a recipient makes a threat against an individual or poses a risk of harm. In these cases, peer support team members are allowed to disclose pertinent information to prevent potential danger.
Liability Protection: Peer support team members are shielded from civil liability when they choose to disclose or withhold information, provided their decision aligns with the specified exceptions. This protection ensures that team members can act in the best interest of safety without fear of legal repercussions.
By implementing these measures, the bill seeks to foster a trusting environment within peer support interactions, encouraging individuals to seek help while balancing the necessity for disclosure in situations where safety is at risk.
Summary
The bill prohibits a peer support team member from disclosing,
without the consent of the recipient of peer support (recipient), the confidential communications made by the recipient during a peer support interaction, with specified exceptions. With respect to an exception for which disclosure is permissible, a peer support team member who discloses or does not disclose a communication with a recipient is not liable for damages in a civil action for disclosing or not disclosing the communication.
The bill expands an exception allowing specified mental health
professionals to disclose confidential information when a recipient makes a threat against an individual or makes a threat that, if carried out, would result in harm to an individual.
