KRS 15.409: Wellness program -- Confidentiality of records and communications --

Exceptions to privilege.

(1) As used in this section:

(a) "Early intervention system" means a methodology that identifies and

addresses potentially problematic behaviors; and

(b) "Wellness program" means a program created by a law enforcement agency to

support the physical and mental health of law enforcement personnel.

(2) A law enforcement agency may create its own wellness program in order to support

the mental health and well-being of its employees. These programs may include but

are not limited to an early intervention system, access to mental health counseling,

crisis counseling, support systems, training, equipment, and technology necessary

for an employee to perform his or her job.

(3) Any law enforcement agency that creates its own wellness program shall establish

written policies and procedures for the program.

(4) (a) Except as provided in paragraph (b) of this subsection, all proceedings,

records, opinions, conclusions, and recommendations arising from any aspect

of a wellness program shall be confidential and privileged from disclosure,

regardless of who possesses them. Under this confidentiality and privilege, the

wellness program records or communications shall be subject to the same

protections as any counselor -client privilege provided under the Kentucky

Rules of Evidence in any criminal or civil proceeding. The participating

officer or telecommunicator shall be the holder of the privilege.

(b) This privilege shall not apply:

1. To the disclosure of relevant information in response to a claim made by

the holder of the privilege against a law enforcement agency related to

programs or services provided by a wellness program under this section;

or

2. When an officer's or telecommunicator's communication contains:

a. An explicit threat of suicide in which the participant shares an

intent to die by suicide, a plan to carry out a suicide attempt by the

participant, or a disclosure of the means by which th e participant

intends to carry out a suicide attempt. This paragraph shall not

apply to any wellness program communication where the officer

or telecommunicator solely shares that the participant is

experiencing suicidal thoughts;

b. An explicit threat by a participant of imminent and serious

physical injury and bodily harm or death to a clearly identified or

reasonably identifiable victim;

c. Information related to the abuse or neglect of a child or an older

adult or vulnerable individual that is required by law to be

reported;

d. An admission of criminal conduct; or

e. Other information which is required by law to be disclosed.

(c) Nothing in this subsection shall be construed to restrict or limit the right to

discover or use in any civil action any eviden ce, document, or record that is

subject to discovery independently of the proceedings of the wellness

program.

(d) A law enforcement agency may use anonymous data for research, statistical

analysis, and educational purposes.