Public Safety Peer Counseling and Behavioral Emergency Services Technicians

Utah Code tit. 78B, ch. 78B-5, pt. 78B-5-P9

in effect

Utah Code § 78B-5-902 Definitions.

78B-5-902. Definitions. As used in this part: (1) "Behavioral emergency services technician" means an individual who is licensed under Section 53-2d-402 as: (a) a behavioral emergency services technician; or (b) an advanced behavioral emergency services technician. (2) "Communication" means an oral statement, written statement, note, record, report, or document made during, or arising out of, a meeting between a law enforcement officer, firefighter, emergency medical service provider, or rescue provider and a peer support team member. (3) "Emergency medical service provider or rescue unit peer support team member" means an individual who is: (a) an emergency medical service provider as defined in Section 53-2d-101, a regular or volunteer member of a rescue unit acting as an emergency responder as defined in Section 53-2a-502, or another individual who has been trained in peer support skills; and (b) designated by the chief executive of an emergency medical service agency or the chief of a rescue unit as a member of an emergency medical service provider's peer support team or as a member of a rescue unit's peer support team. (4) "Law enforcement or firefighter peer support team member" means an individual who is: (a) a peace officer, dispatcher as defined in Section 53-6-102, civilian employee, or volunteer member of a law enforcement agency, a regular or volunteer member of a fire department, or another individual who has been trained in peer support skills; and (b) designated by the commissioner of the Department of Public Safety, the executive director of the Department of Corrections, a sheriff, a police chief, a dispatch executive director, or a fire chief as a member of a law enforcement agency's peer support team or a fire department's peer support team. (5) "Public Safety answering point peer support team member" means an individual who is: (a) employed by a public safety answering point as defined in Section 63H-7a-103; and (b) designated by the chief executive of a public safety answering point as a member of a public safety answering point's peer support team. (6) "Trained" means a person who has successfully completed a peer support training program approved by the Peace Officer Standards and Training Division, the State Fire Marshal's Office, or the Department of Health and Human Services, as applicable. Amended by Chapter 19, 2023 General Session Amended by Chapter 310, 2023 General Session Amended by Chapter 330, 2023 General Session

Utah Code § 78B-5-903 Creation -- Training -- Communications -- Exclusions.

78B-5-903. Creation -- Training -- Communications -- Exclusions. (1) A law enforcement agency, fire department, emergency medical service agency, rescue unit, or public safety answering point: (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 Department of Health and Human Services, as applicable. (3) In accordance with the Utah Rules of Evidence, a peer support team member may refuse to disclose communications made by an individual 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: (i) a law enforcement or firefighter peer support team member; (ii) an emergency medical service provider or rescue unit peer support team member; or (iii) a public safety answering point 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, rescue unit, or public safety answering point. (5) This part does not apply if: (a) a 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 individual receiving peer support is a clear and immediate danger to the individual'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 individual receiving peer support services is mentally or emotionally unfit for duty; or (e) communication to the peer support team member provides evidence that the individual who is receiving the peer support services has committed a crime, plans to commit a crime, or intends to conceal a crime. Amended by Chapter 19, 2023 General Session

Utah Code § 78B-5-904 Exclusions for certain communications.

78B-5-904. Exclusions for certain communications. In accordance with the Utah Rules of Evidence, a behavioral emergency services technician may refuse to disclose communications made by an individual during the delivery of behavioral emergency services as defined in Section 53-2d-101. Amended by Chapter 310, 2023 General Session Amended by Chapter 330, 2023 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-P9.html?v=C78B-5-P9_2021050520210701Fetched: 10/26/2026