39-74-105. Critical incident meetings closed -- confidentiality -- exceptions. (1) To protect the privacy rights of an emergency service provider in receiving critical incident stress management and response services, critical incident stress management debriefing meetings and other critical incident stress management and response services meetings are closed to the general public and may be closed to anyone who was not directly involved in the critical incident that is the subject of the meeting.

(2) Any information divulged to the team during the provision of critical incident stress management and response services must be kept confidential and may not be disclosed to a third party or in a criminal, civil, or administrative proceeding unless the merits of disclosure exceed the demands of an individual's privacy. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action.

(3) The confidentiality privilege provided in subsections (1) and (2) does not apply:

(a) for the appropriate referral to or consultation with other critical incident stress management team members or related qualified professionals;

(b) if the emergency service provider conveys that the provider is an imminent threat to the provider or anyone else or if the provider appears to be an imminent threat to the provider or anyone else;

(c) if the emergency services provider divulges information regarding a past, present, or future criminal act that does not involve the critical incident;

(d) if the emergency service provider or the provider's legal guardian gives consent;

(e) if the emergency service provider is deceased; or

(f) to the facts divulged by the emergency service provider concerning a person injured in a critical incident and the services and care provided to or withheld from that person by an emergency service provider.

History: En. Sec. 5, Ch. 238, L. 2009.