New Mexico 2024 Regular Session Status: Passed House 4 D cosponsors

HB 101 — FIREFIGHTER & EMERGENCY PEER SUPPORT ACT

Last action — action postponed indefinitely

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

240 added · 178 removed

Plain-language change summary

In the latest version of House Bill 101, the list of sponsors has changed slightly, removing one contributor, Pamelya Herndon. Additionally, the bill will no longer include a specific funding provision, as the section regarding an appropriation has been taken out. This matters because while the act continues to support mental health initiatives for firefighters and emergency service providers, it now lacks a direct financial backing, which may impact the implementation of the proposed peer support programs.

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HOUSE BILL 101 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 INTRODUCED BY Elizabeth "Liz" Thomson and Kathleen Cates and Yanira Gurrola and Pamelya Herndon 7 9 AN ACT RELATING TO BEHAVIORAL HEALTH;
HOUSE BILL 101 56TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2024 INTRODUCED BY Elizabeth "Liz" Thomson and Kathleen Cates and Yanira Gurrola This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ENACTING THE FIREFIGHTER AND EMERGENCY SERVICE PROVIDER PEER SUPPORT ACT;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
ALLOWING STATE, LOCAL AND REGIONAL PUBLIC FIRE AGENCIES TO CREATE PEER SUPPORT PROGRAMS FOR THEIR EMPLOYEES AND VOLUNTEERS;
h AN ACT g o RELATING TO BEHAVIORAL HEALTH;
MAKING PEER SUPPORT SERVICES CONFIDENTIAL;
ENACTING THE FIREFIGHTER AND t hr g e i k EMERGENCY SERVICE PROVIDER PEER SUPPORT ACT;
LIMITING LIABILITY FOR THE PROVISION OF PEER SUPPORT SERVICES;
ALLOWING STATE, h r i s LOCAL AND REGIONAL PUBLIC FIRE AGENCIES TO CREATE PEER SUPPORT h , t, PROGRAMS FOR THEIR EMPLOYEES AND VOLUNTEERS;
MAKING AN APPROPRIATION.
MAKING PEER e u g e b l e e h SUPPORT SERVICES CONFIDENTIAL;
e t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
LIMITING LIABILITY FOR THE n d d i = = o h PROVISION OF PEER SUPPORT SERVICES HJCº ;
= = 19 a l SECTION 1.
MAKING AN l ] b ,d i a º e APPROPRIATION»HJC.
[NEW MATERIAL] SHORT TITLE.--This act may be i a e r 20 cited as the "Firefighter and Emergency Service Provider Peer a t m m 21 Support Act".
r i = r t e w d m a n o d m :
d r e 22 SECTION 2.
b e d s º o t n = .226800.1AIC January 27, 2024 (5:31pm) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
[NEW MATERIAL] DEFINITIONS.--As used in the c e s k 23 Firefighter and Emergency Service Provider Peer Support Act:
SECTION 1.
e a n b 24 A.
[NEW MATERIAL ] SHORT TITLE.--This act may be cited as the "Firefighter and Emergency Service Provider Peer Support Act".
"confidential communication" means a written or u [ oral communication between an emergency service provider and a .226800.1 peer support team member;
SECTION 2.
[NEW MATERIAL] DEFINITIONS.--As used in the Firefighter and Emergency Service Provider Peer Support Act:
A.
"confidential communication" means a written or oral communication between an emergency service provider and a peer support team member;
(1) physical and emotional illness;
h g (1) physical and emotional illness;
(2) failure of usual coping mechanisms;
o t hr (2) failure of usual coping mechanisms;
(3) loss of interest in the job or normal life activities;
g e i k (3) loss of interest in the job or normal life h r i s h activities;
(4) personality changes;
, t, e u g (4) personality changes;
and (5) loss of ability to function;
and e b l e e h (5) loss of ability to function;
C.
n d d i = = o h C.
"emergency service provider" means an employee e t 17 or volunteer at a state, local or regional public fire agency w l n d 18 who provides emergency response services, including = = 19 a l firefighters, paramedics and dispatchers;
"emergency service provider" means an employee l ] b ,d i a º e r i = r or volunteer at a state, local or regional public fire agency t e w d m a n o who provides emergency response services HJCº , including d m :
i a e r 20 D.
b e d s º o t n = .226800.1AIC January 27, 2024 (5:31pm) s k m e - 2 - e a n e d r e l u [ A d firefighters, paramedics and dispatchers»HJC ;
"peer support program" means a program a t m m 21 administered by a state, local or regional public fire agency d r e 22 that delivers peer support services to emergency service c e s k 23 providers;
D.
e a n b 24 E.
"peer support program" means a program administered by a state, local or regional public fire agency that delivers peer support services to emergency service providers;
"peer support services" means services provided u [ by a peer support team member that assist emergency service .226800.1 - 2 - providers who are struggling with behavioral health issues;
E.
"peer support services" means services provided by a peer support team member that assist emergency service providers who are struggling with behavioral health issues;
"peer support team member" means an emergency service provider, hospital staff, clergy or educator who works for a public fire agency and provides peer support services to emergency service providers.
"peer support team member" means an emergency service provider HJCº , hospital staff, clergy or educator who»HJC HJCºwho has completed peer support training approved by the state fire marshal's office,»HJC works for a public fire agency and provides peer support services to emergency service providers.
[NEW MATERIAL] PEER SUPPORT PROGRAM--PEER SUPPORT TEAM MEMBER TRAINING REQUIREMENTS.-- A.
[NEW MATERIAL ] PEER SUPPORT PROGRAM--PEER SUPPORT TEAM MEMBER TRAINING REQUIREMENTS.-- h A.
Any state, local or regional public fire agency may establish a peer support program.
Any state, local or regional public fire agency g o t hr may establish a peer support program.
Each program shall have at least one peer support team composed of peer support team members who offer peer support services to emergency service providers.
Each program shall have g e i k at least one peer support team composed of peer support team h r i s members who offer peer support services to emergency service h , t, e u g providers.
B.
e b l e e h B.
Each peer support team member shall complete a training course approved by the state fire marshal's office.
Each peer support team member shall complete a n d d i = = o h training course approved by the state fire marshal's office.
The training course shall train peer support team members to provide peer support services for matters that include:
l ] b ,d i a º e The training course shall train peer support team members to r i = r t e w d m a n o provide peer support services for matters that include:
e t 17 (1) substance use and substance abuse;
d m :
w l n d 18 (2) critical incident stress;
b e d s º o t n = .226800.1AIC January 27, 2024 (5:31pm) s k m e - 3 - e a n e d r e l u [ A d (1) substance use and substance abuse;
= = 19 a l (3) grief support;
(2) critical incident stress;
i a e r 20 (4) line of duty deaths;
(3) grief support;
a t m m 21 (5) serious injury or illness;
(4) line of duty deaths;
Show all 62 changed rows (22 more)
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d r e 22 (6) suicidal thoughts;
(5) serious injury or illness;
and c e s k 23 (7) workplace issues.
(6) suicidal thoughts;
e a n b 24 SECTION 4.
and (7) workplace issues.
[NEW MATERIAL] CONFIDENTIALITY OF PEER SUPPORT u [ SERVICES.-- .226800.1 - 3 - A.
SECTION 4.
[NEW MATERIAL ] CONFIDENTIALITY OF PEER SUPPORT SERVICES.-- A.
An emergency service provider has the right to refuse to disclose, and to prevent another from disclosing, a confidential communication in all civil, administrative or arbitration proceedings, whether or not the emergency service provider is a party to the litigation.
An emergency service provider has the right to refuse to disclose HJCº , and to prevent another from disclosing,»HJC a confidential communication in all civil, administrative or arbitration proceedings, whether or not the h emergency service provider is a party to the litigation.
B.
g o t hr B.
Notwithstanding the provisions of Subsection A of this section, a confidential communication may be disclosed if:
Notwithstanding the provisions of Subsection A g e i k of this section, a confidential communication may be disclosed h r i s if:
(1) a peer support team member is referring an emergency service provider to, or consulting with, another peer support team member;
h , t, e u g (1) a peer support team member is referring an e b l e e h emergency service provider to, or consulting with, another peer n d d i = = o h support team member;
(2) a peer support team member reasonably believes that disclosure is necessary to prevent death, e t 17 substantial bodily harm or commission of a crime;
l ] b ,d i a º e (2) a peer support team member reasonably r i = r t e w d m a n o believes that disclosure is necessary to prevent death, d m :
w l n d 18 (3) the disclosure is made pursuant to a court = = 19 a l order in a civil proceeding;
b e d s º o t n = .226800.1AIC January 27, 2024 (5:31pm) s k m e - 4 - e a n e d r e l u [ A d substantial bodily harm or commission of a crime;
or i a e r 20 (4) the emergency service provider expressly a t m m 21 agrees in writing that the confidential communication may be d r e 22 disclosed.
(3) the disclosure is made pursuant to a court order in a civil proceeding;
c e s k 23 C.
or (4) the emergency service provider expressly agrees in writing that the confidential communication may be disclosed.
If a confidential communication is disclosed e a n b 24 pursuant to Paragraph (1), (2) or (3) of Subsection B of this u [ section, the peer support team member making the disclosure .226800.1 - 4 - shall notify the emergency service provider of the disclosure in writing.
C.
If a confidential communication is disclosed pursuant to Paragraph (1), (2) or (3) of Subsection B of this section, the peer support team member making the disclosure shall notify the emergency service provider of the disclosure in writing.
[NEW MATERIAL] LIMITED LIABILITY FOR PEER SUPPORT TEAM MEMBERS.--Except in actions for medical malpractice, a peer support team member who provides peer support services, and the public fire agency that employs the peer support team member, shall not be liable for damages, including personal injury, wrongful death, property damage or other loss related to an act, error or omission in performing peer support services, unless the act, error or omission constitutes gross negligence or intentional misconduct.
[NEW MATERIAL ] LIMITED LIABILITY FOR HJCºPEER SUPPORT SERVICES PROVIDED BY»HJC PEER SUPPORT TEAM MEMBERS.-- Except in actions for medical malpractice, a peer support team member who provides peer support services, and the public fire agency that employs the peer support team member, shall not be h liable for damages, including personal injury, wrongful death, u » r property damage or other loss related to an act, error or t h g e l i omission in performing peer support services, unless the act, h r i s error or omission constitutes HJCº gross negligence or h , e h intentional misconduct»HJC HJCºa failure to exercise ordinary t u g e b l e e , gh care;
SECTION 6.
provided that the liability shall be subject to the Tort n d d i = = o h Claims Act»HJC.
APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the state fire marshal's office for expenditure in fiscal year 2025 to implement the training course and to train peer support team members.
l ] b ,d i a º r HJCºSECTION 6.
Any unexpended or unencumbered balance remaining at e t 17 the end of fiscal year 2025 shall revert to the general fund.
APPROPRIATION.--Five hundred thousand e r = t e w d m a n o dollars ($500,000) is appropriated from the general fund to the d m :
w l n d 18 - 5 - = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .226800.1
b r e t º o t n = .226800.1AIC January 27, 2024 (5:31pm) s k m e - 5 - e a n e d r e l u [ A d state fire marshal's office for expenditure in fiscal year 2025 to implement the training course and to train peer support team members.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2025 shall revert to the general fund.»HJC - 6 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .226800.1AIC January 27, 2024 (5:31pm) s k em e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. Sent to Senate Judiciary Committee

  3. passed House

  4. withdrawn from committee

  5. DO PASS, as amended, committee report adopted

  6. Sent to House Judiciary Committee & House Appropriations & Finance Committee

  7. Sent to House Pre-file

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 108 not signed on · 6 voted No

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

house passage

Passed 57 Yea · 6 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 11003
Democrat 33003
Republican 13601
Total 57607
% of votes cast 81%9%0%10%
How each member voted (70)
Member Party Vote
Alcon — Yea
Castellano — Yea
Chasey — Yea
Gallegos — Yea
Harper — Yea
Hembree — Yea
Hernandez — Yea
Lane — Yea
Madrid — Yea
Sanchez — Yea
Allison — Not Voting
Rehm — Not Voting
De La Cruz — Yea
Roybal Caballero — Not Voting
Andrea Romero Democrat Yea
Angelica Rubio Democrat Yea
Charlotte Little Democrat Yea
Christine Chandler Democrat Yea
Cristina Parajón Democrat Yea
Cynthia Borrego Democrat Yea
D. Wonda Johnson Democrat Yea
Dayan Hochman-Vigil Democrat Not Voting
Debra M. Sariñana Democrat Yea
Derrick J. Lente Democrat Yea
Eleanor Chávez Democrat Yea
Elizabeth "Liz" Thomson Democrat Yea
G. Andrés Romero Democrat Yea
Janelle Anyanonu Democrat Yea
Javier Martínez Democrat Yea
Joanne J. Ferrary Democrat Yea
Joy Garratt Democrat Yea
Kathleen Cates Democrat Yea
Kristina Ortez Democrat Not Voting
Leo Jaramillo Democrat Yea
Linda Serrato Democrat Yea
Marian Matthews Democrat Yea
Martha Garcia Democrat Yea
Matthew McQueen Democrat Yea
Meredith A. Dixon Democrat Yea
Micaela Lara Cadena Democrat Yea
Miguel P. García Democrat Yea
Natalie Figueroa Democrat Yea
Nathan P. Small Democrat Not Voting
Pamelya Herndon Democrat Yea
Patricia A. Lundstrom Democrat Yea
Raymundo Lara Democrat Yea
Reena Szczepanski Democrat Yea
Susan K. Herrera Democrat Yea
Tara L. Lujan Democrat Yea
Yanira Gurrola Democrat Yea
Alan T. Martinez Republican Yea
Andrea Reeb Republican Yea
Brian G. Baca Republican Yea
Candy Spence Ezzell Republican Nay
Cathrynn N. Brown Republican Nay
Gail Armstrong Republican Yea
Harlan Vincent Republican Yea
Jack Chatfield Republican Yea
James G. Townsend Republican Nay
Jenifer Jones Republican Yea
Jimmy G. Mason Republican Yea
John Block Republican Yea
Larry R. Scott Republican Nay
Luis M. Terrazas Republican Yea
Mark Duncan Republican Yea
Martin R. Zamora Republican Nay
Randall T. Pettigrew Republican Nay
Rod Montoya Republican Not Voting
Stefani Lord Republican Yea
Tanya Mirabal Moya Republican Yea

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Subjects

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Frequently asked questions

Who sponsors HB 101?
HB 101 is sponsored by Elizabeth "Liz" Thomson (Democrat), Kathleen Cates (Democrat), Yanira Gurrola (Democrat), and Pamelya Herndon (Democrat).
What is the current status of HB 101?
This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 101?
Track HB 101 free on One Click Politics — get push/email alerts when it moves.

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