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Nebraska lawmakers adopt confidentiality protections for first-responder peer support programs
Summary
The Legislature advanced LB816 after adopting a committee amendment that creates confidentiality and privilege protections for communications during peer support sessions for first responders and certain hospital personnel, with defined exceptions for mandatory reporting and public-safety threats.
The Nebraska Legislature advanced LB816 after adopting a committee amendment that combines three previously filed proposals and establishes statutory confidentiality and privilege for communications occurring during peer support sessions for covered public safety personnel.
Senator Storey, who introduced the bill, said peer support programs provide trusted, effective wellness resources for first responders who regularly confront traumatic incidents. ‘‘Without statutory confidentiality and privileged protections, first responders are reluctant to use these existing programs because they fear their conversations could be subpoenaed, used against them in disciplinary proceedings, or disclosed in litigation,’’ Storey said.
The adopted committee amendment (AM18-14) merges provisions from three bills and expands the definition of covered public safety personnel to include certain hospital personnel who provide direct patient care or emergency services. The amendment requires that an agency that establishes a peer support team adopt written guidelines for the team and clarifies that team members need not be agency employees; properly designated volunteers or professionals may serve. The amendment preserves common-sense exceptions: confidentiality does not apply to mandatory reporters (child abuse, vulnerable-adult abuse), to credible threats to safety, or to shielding criminal conduct. The amendment also makes clear that evidence obtained independently outside the peer-support process remains discoverable and admissible.
Senators who work directly in emergency services spoke in favor of the bill. Senator Dorn, an EMT and rescue squad member, described existing debriefing processes and welcomed the statutory protections. The judiciary committee reported the unified proposal as a white-copy committee amendment borne of stakeholder input, and the amendment was adopted on a recorded vote. LB816 then advanced to E & R initial.
Supporters said the measure is designed to remove barriers to seeking help without creating a statewide mandate to establish peer support programs. No fiscal note was reported on the floor for the bill.
