Confidentiality Requirements Mental Health Support

The act 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 act expands an exception allowing specified mental health professionals to disclose confidential information when a recipient makes a threat against an individual or themself or makes a threat that, if carried out, would result in harm to an individual or themself. In addition, a peer support team member is exempted from the prohibition on disclosure established by the act if:

• The peer support team member was a witness or a party to the incident that prompted the delivery of peer support services;
• A recipient admits to committing a crime or provides information pertaining to the recipient or another individual that is indicative of criminal conduct;
• Criteria related to an individual's participation as a witness in a court proceeding are met; or
• A recipient makes a threat involving damage or destruction of private or public property.
  (Note: This summary applies to this bill as enacted.)