(1) A police department, sheriff's office, fire department, or emergency medical service provider may establish a first responder peer support program that is in compliance with the provisions of this section.
(2) A local first responder peer support program must have a written policy that outlines, at a minimum:
(a) qualifications for a peer supporter, including certification and continuing education requirements;
(b) guidelines for what constitutes a peer support session from a conversation between peers;
(c) definitions for a group debrief and peer support team;
(d) the prohibition of recording in writing or by video or audio any peer support session;
(e) how peer supporters in the program shall comply with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq.;
(f) the ability of an employee to use multiple peer supporters;
(g) the protection of an employee from being forced to use a peer supporter who holds supervisory authority over the employee;
(h) the prohibition of harassment or discrimination against an employee or volunteer who seeks services from the peer support program; and
(i) confidentiality protections of the peer support program, including the following exceptions:
(i) if the employee has committed or plans to commit a crime;
(ii) if the employee indicates the employee will cause harm to themself or to others;
(iii) if there is a request from an appropriate licensing board or program; and
(iv) if the mandatory reporting requirements of licensing boards or programs apply.
(3) A peer support session is confidential, and, except as provided in subsection (2)(i), a qualified peer supporter in a local first responder peer support program is prohibited from providing testimony about a peer support session, including individual and group peer support sessions.