Many police agencies already have or are looking into peer-to-peer counseling programs to assist first responders in dealing with the trauma that accompanies critical incidents. While these programs may be extremely beneficial, there are legal questions as to whether the communications between team members and peer counselors are confidential.

Many peer support programs include Critical Incident Stress Management (CISM) teams, utilized to provide support and to debrief critical incidents. There is a need to discuss what has occurred and a desire to help fellow employees process the events. The question is whether what is said during these meetings is confidential. Can the facilitator or participants be subpoenaed to testify in court about what was discussed? These are questions that chiefs, sheriffs, and agencies need to consider before implementing a peer support program.

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