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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 755
Introduced by Wordekemper, 15.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to emergency medical services; to adopt the1
Emergency Service Peer Support Act. 2
Be it enacted by the people of the State of Nebraska,3
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Section 1. Sections 1 to 5 of this act shall be known and may be1
cited as the Emergency Service Peer Support Act. 2
Sec. 2. (1) The Legislature finds that it is common for employees3
of emergency service agencies to experience stress and emotional4
difficulties as a result of traumatic events experienced on a regular5
basis. Peer support can be beneficial to emergency service employees and6
can reduce the likelihood that such employees will experience long-term7
effects that may have a negative impact on their employment.8
(2) The Legislature further finds that confidentiality is a9
necessary foundation of effective peer support. The privileged and10
confidential nature of a peer support session ensures confidentiality and11
encourages an employee to speak openly to a peer without fear that a12
communication could be used against the employee in a disciplinary or13
other hearing. 14
Sec. 3. For purposes of the Emergency Service Peer Support Act:15
(1) Employee means an individual employed by an emergency service16
agency as a law enforcement officer, a firefighter, an emergency medical17
service provider, a dispatcher, a correctional officer, a hospital staff18
member, or a civilian staff member; 19
(2) Emergency service agency means a law enforcement agency, a fire20
department, an emergency medical service, a correctional facility, a21
hospital, a dispatch center, a rescue service, or another entity that22
provides emergency response services; 23
(3) Peer means an individual approved by an emergency service agency24
who has been trained in peer support techniques in compliance with the25
agency's guidelines to provide emotional and moral support and who26
provides confidential support and assistance to an employee experiencing27
personal or professional issues. A peer may be a current employee, former28
employee, or any other person approved by the emergency service agency;29
(4) Peer support means a structured program in which a peer helps an30
employee identify issues early, connects an employee to appropriate31
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resources, and fosters a supportive and healthy workforce. An employee1
receives emotional, practical, and resource-based support from a peer.2
Peer support is built upon shared-experience, confidentiality, active3
listening, and early intervention to promote sound mental health and4
resilience. Peer support may include a: (a) One-on-one interaction, (b)5
crisis intervention, (c) critical incident defusing, (d) critical6
incident stress management debriefing, (e) referral to an appropriate7
resource such as a mental health clinician, a mental health treatment8
center, or another emergency service agency, or (f) follow-up as needed.9
Peer support is designed to ensure that no employee faces challenges10
alone; 11
(5) Peer support session means a confidential communication between12
an employee and a peer that occurs for the purpose of providing emotional13
support, crisis intervention, or assistance related to personal or14
professional challenges. A peer support session may occur within a formal15
program established under the Emergency Service Peer Support Act or may16
be an informal interaction between an employee and a peer approved by an17
emergency service agency. A peer support session is accomplished18
primarily through listening, assessing, assisting with problem solving,19
making appropriate referrals to professional providers, and conducting20
follow-up as needed. A peer support session may consist of a single21
interaction or multiple interactions over a period of time. The22
privileged and confidential status of communications made during a peer23
support session shall continue indefinitely except as provided in section24
4 of this act or if an employee expressly waives that privilege; and25
(6) Program means a peer support program established or approved by26
an emergency service agency to train an individual to serve as a peer and27
to conduct peer support sessions. 28
Sec. 4. (1) A communication made by (a) an employee in a peer29
support session and (b) a communication between a peer and a staff member30
of a program shall be confidential and shall not be disclosed to any31
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person. This section does not prohibit a communication between peers or1
between a peer and program staff in furtherance of the purpose of the2
provision of peer support to an employee. 3
(2) A peer shall expressly indicate that a peer support session is4
underway at the beginning of a peer support session prior to any5
communication by an employee. 6
(3) A confidential communication pursuant to this act shall be7
privileged and inadmissible as evidence in any civil, criminal,8
administrative, or arbitration proceeding. No peer or program staff shall9
be compelled to testify or produce records, notes, or documentation10
concerning any peer support session in any proceeding, except as11
otherwise provided in subsection (4) of this section. Any notes, records,12
or documentation created during, or related to, a peer support session13
shall be confidential and not subject to discovery, subpoena, or other14
legal means to compel disclosure. 15
(4) The confidentiality and privilege provisions of the Emergency16
Service Peer Support Act shall not apply to: (a) A threat of future17
suicide, homicide, or felonious assault made by an employee in a peer18
support session or information conveyed in a peer support session related19
to a threat of future suicide, homicide, or felonious assault; (b)20
information mandated by law or agency policy to be reported, including,21
but not limited to, information relating to domestic violence, sexual22
assault, child abuse or neglect, or elder abuse or neglect; (c) an23
admission of criminal conduct; or (d) an admission to an act that could24
be construed as refusal to perform a duty to protect others.25
(5) No individual who provides assistance to an employee as a peer26
under the Emergency Service Peer Support Act shall be liable for any27
civil damages as a result of an act of commission or omission arising28
out, and in the course, of rendering such assistance in good faith or any29
act or failure to act to provide or arrange for mental health treatment30
or care for an employee. 31
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(6) An emergency service agency that establishes a program shall1
develop policies and rules that impose disciplinary measures upon a peer2
who violates the confidentiality provisions of the Emergency Service Peer3
Support Act. 4
(7) Records of communications made confidential under this section5
shall be exempt from disclosure under sections 84-712 to 84-712.09.6
Sec. 5. An emergency service agency may refer an employee to a peer7
in the employee's emergency service agency or to a program available8
through another emergency service agency. An employee may independently9
seek peer support from a peer approved by any emergency service agency.10
An emergency service agency shall not mandate that an employee11
participate in a program. 12
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