Arizona agencies may offer wellness and crisis counseling to employees

Law enforcement agencies may establish employee wellness programs and must write program policies if they do. The programs may serve an agency's law enforcement officers and civilian employees.

Agencies may establish crisis response programs for public safety employees exposed to traumatic events or emotional experiences at work. A designated person is a law enforcement officer or civilian employee of a law enforcement agency.

Wellness program records and crisis response communications are generally confidential, and crisis response communications receive a legal privilege in proceedings. The protections cover wellness program records and communications made in or about crisis response counseling. Crisis response communications receive the same protections as attorney-client communications in disciplinary, civil, or criminal proceedings. Wellness program information may be disclosed if the designated person waives confidentiality, relevant information responds to that person's claim against the agency, the communication signals clear and present danger, or it is made during a criminal investigation. Other wellness exceptions include certain violations of agency policy that also break laws normally enforced by law enforcement, and a crisis-services recipient's voluntary testimony; a support team member may then be compelled to testify on the same subject. Crisis response communications are subject to listed exceptions, including danger, criminal investigations, certain unlawful conduct, and voluntary testimony by the person who received services. The privilege does not cover evidence discoverable independently of the program. Anonymous data and certain observations or knowledge outside the confidential communication may still be shared.