Wisconsin Statutes 905.095 – Peer support and critical incident stress management services communications
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Terms Used In Wisconsin Statutes 905.095
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Communication” has the meaning given in s. 165.875 (1) (c).
(b) “Critical incident stress management services” has the meaning given in s. 165.875 (1) (f).
(c) “Critical incident stress management services team member” has the meaning given under s. 165.875 (1) (g).
(d) “Peer support services” has the meaning given in s. 165.875 (1) (p).
(e) “Peer support team member” means a person who is designated as a peer support team member under s. 165.875 (1) (q).
(2) General rule of privilege. A person receiving peer support services from a peer support team member or a person receiving critical incident stress management services from a critical incident stress management services team member has a privilege during the person’s life to refuse to disclose and to prevent any other person from disclosing peer support communications or critical incident stress management services communications, including communications made during or arising out of individual or group support sessions.
(3) Who may claim the privilege. The privilege under this section may be claimed by the person who received the peer support services or critical incident stress management services or the guardian or conservator of the person who received the peer support services or critical incident stress management services. A person who was a peer support team member or critical incident stress management services team member at the time of the communication is presumed to have authority during the life of the person who received the peer support services or critical incident stress management services to claim the privilege on behalf of the person who received the peer support services or critical incident stress management services.
(4) Exceptions.
(a) No privilege exists under this section for any of the following:
1. Communication to a peer support team member or critical incident stress management services team member that is evidence of actual or suspected child neglect or abuse.
2. Communication to a peer support team member or critical incident stress management services team member that is evidence a person receiving peer support services or critical incident stress management services is a clear and immediate danger to himself or herself or others.
3. Communication to a peer support team member or critical incident stress management services team member that is evidence that a person who is receiving the peer support services or critical incident stress management services has committed a crime, plans to commit a crime, or intends to conceal a crime.
(b) A person receiving peer support or critical incident stress management services whose communications are privileged under this section may waive the privilege in writing.