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Louisiana Code of Evidence Art. 518. Trained peer support member privilege

Current as of January 01, 2023 | Updated by Findlaw Staff

A. (1) A trained peer support member shall not, without consent of the emergency responder making the communication, be compelled to testify about any communication made to the trained peer support member by the emergency responder while receiving peer support services. The trained peer support member shall be designated as such by the emergency service agency or entity, prior to the incident that results in receiving peer support services. The privilege only applies when the communication was made to the trained peer support member.

(2) The privilege does not apply to any of the following if:

(a) The trained peer support member was an initial responding emergency responder, a witness, or a party to the incident which prompted the delivery of peer support services to the emergency responder.

(b) A communication reveals the intended commission of a crime or harmful act and such disclosure is determined to be necessary by the trained peer support member to protect any person from a clear, imminent risk of serious mental or physical harm or injury, or to forestall a serious threat to the public safety.

B. For purposes of this Section, a “trained peer support member” is any of the following persons or entities that provide emotional and moral support or counseling to an emergency responder who needs those services as a result of an incident in which the emergency responder was involved while acting in his official capacity:

(1) An emergency responder or civilian volunteer of an emergency service agency or entity, who has received training in Critical Incident Stress Management.

(2) A volunteer counselor or other mental health services provider who has been designated by the emergency service agency or entity.

(3) A firefighter who has received peer support training from the International Association of Fire Fighters.

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Cite this article: FindLaw.com - Louisiana Code of Evidence Art. 518. Trained peer support member privilege - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-evidence/la-code-evid-art-518/

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