Peer support confidentiality protections considered for public safety personnel

Three measures aimed at protecting the confidentiality of communications between certified peer support team members and public safety personnel were heard by the Judiciary Committee Jan. 22.

Taken together, the three proposals would establish legal protections for peer support counseling involving law enforcement officers, first responders and other emergency services employees.

Under all three bills, communications made during peer support sessions, which pair trained colleagues with shared experience with public safety personnel in need of help, could not be used in disciplinary or legal proceedings.

Fremont Sen. Dave Wordekemper, a former firefighter and sponsor of LB755, said he understands both the trauma first responders face and the expectation that they continue responding to calls regardless of how they feel.

Those experiences can be isolating, Wordekemper said, and the most effective support often comes from another first responder with shared experience. Some officers and first responders avoid peer support counseling, however, out of concern that what they share could later be used against them, he said.

“We need to [encourage] peer support and ensure strong protections are in place so this practice can grow,” Wordekemper said.

LB804, as introduced by Sen. Dan Lonowski of Hastings, would include protections for peer support communications for members of the Nebraska National Guard. He offered an amendment at the hearing to remove them from the bill’s provisions, however, citing federal jurisdiction.

Whitman Sen. Tanya Storer, introducer of LB816, said peer support programs have emerged as one of the most effective wellness resources available.

“LB816 will encourage law enforcement to seek help early, reduce the isolation that leads to burnout and crises, and strengthen the workforce that keeps our communities safe,” Storer said.

Storer also said she, Lonowski and Wordekemper are working together to combine their three bills into a single proposal.

Deb Hoffman testified in support of LB816 on behalf of the Nebraska State Patrol, citing a 2023 study that found peer support was rated by law enforcement as the most effective wellness resource offered by agencies.

Hoffman said 88 of Nebraska’s 93 counties have a shortage of mental health providers, including 29 counties with no practicing mental health professionals. Peer support programs could help bridge that service gap, she said, particularly in rural areas of the state.

Lucas Bolton, representing the State Troopers Association of Nebraska, testified in support of all three measures. Peer support counseling can be effective, he said, but only if law enforcement and first responders can count on their communications being protected.

“Without privilege, peer support is essentially worthless in accomplishing what it was designed to do,” Bolton said. “Peer support only works when the people who need it most can trust it.”

Kevin Erickson, a former military member and law enforcement officer pursuing a doctorate in criminal justice, also testified in support of the three bills. Erickson said several states, including neighboring Iowa, Kansas and Missouri, have enacted similar confidentiality protections.

“A clear peer support system that balances structure with flexibility acts as a true intervention tool rather than a last resort,” Erickson said.

No one testified in opposition and the committee took no immediate action on the proposals.