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2018 Utah Code
Title 78B - Judicial Code
Chapter 5 - Procedure and Evidence
Part 8 - Miscellaneous
Section 903 - Creation -- Training -- Communications -- Exclusions.
Universal Citation: UT Code § 78B-5-903 (2018)
Effective 5/8/2018
78B-5-903. Creation -- Training -- Communications -- Exclusions.
Enacted by Chapter 109, 2018 General Session
78B-5-903. Creation -- Training -- Communications -- Exclusions.
- (1) A law enforcement agency, fire department, emergency medical service agency, or rescue unit:
- (a) may create a peer support team; and
- (b) if a peer support team is created, shall develop guidelines for the peer support team and its members.
- (2) A peer support team member shall complete a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Health Department, as applicable.
- (3) In accordance with the Utah Rules of Evidence, a peer support team member may refuse to disclose communications made by a person participating in peer support services, including group therapy sessions.
- (4) Subsection (3) applies only to communications made during individual interactions conducted by a peer support team member who is:
- (a) acting in the member's capacity as a law enforcement or firefighter peer support team member or an emergency medical service provider or rescue unit peer support team member; and
- (b) functioning within the written peer support guidelines that are in effect for the member's respective law enforcement agency, fire department, emergency medical service agency, or rescue unit.
- (5) This part does not apply if:
- (a) a law enforcement or firefighter peer support team member or emergency medical service provider or rescue unit peer support team member was a witness or a party to the incident that prompted the delivery of peer support services;
- (b) information received by a peer support team member is indicative of actual or suspected child abuse, or actual or suspected child neglect;
- (c) the person receiving peer support is a clear and immediate danger to the person's self or others;
- (d) communication to a peer support team member establishes reasonable cause for the peer support team member to believe that the person receiving peer support services is mentally or emotionally unfit for duty; or
- (e) communication to the peer support team member provides evidence that the person who is receiving the peer support services has committed a crime, plans to commit a crime, or intends to conceal a crime.
Enacted by Chapter 109, 2018 General Session
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