H 270 — An act relating to confidentiality in peer support sessions for emergency service providers

BILL AS PASSED BY THE HOUSE H.270 Page 1 of 612 H.270 AnIntroduced actby relatingRepresentatives toKrasnow confidentialityof inSouth peerBurlington, supportBurtt sessionsof forCabot, emergencyCarris-Duncan serviceof providersWhitingham, ItCoffin isof herebyCavendish, enactedDodge by the General Assembly of theEssex, StateDolgin of Vermont:St.

Johnsbury, Graning of Jericho, Howard of Rutland City, Kleppner of Burlington, Labor of Morgan, LaMont of Morristown, Luneau of St.

Albans City, McCann of Montpelier, McGill of Bridport, Minier of South Burlington, Nugent of South Burlington, Olson of Starksboro, Pouech of Hinesburg, Priestley of Bradford, Rachelson of Burlington, and Wells of Brownington Referred to Committee on Date:

Subject:

Health;

mental health;

emergency service providers;

peer support counseling;

confidentiality Statement of purpose of bill as introduced:

This bill proposes to require that communications made during the course of emergency service provider peer support counseling remain confidential.

An act relating to confidentiality for peer support counseling among emergency service providers BILL AS PASSED BY THE HOUSE H.270 Page 2 of 12 An act relating to confidentiality in peer support sessions for emergency service providers It is hereby enacted by the General Assembly of the State of Vermont:

§§ 7257c 7257c is added to read:

§§ 7257c. 7257c.

PEER SUPPORT COUNSELING FOR EMERGENCY SERVICE PROVIDERS (a) As used in this section:

(1) “Critical incident stress management program” means a program established by the employer of emergency service providers to provide counseling or support services to emergency service providers working in a paid or volunteer capacity.

(2) “Emergency service provider” means an individual:

(A) currently recognized by a Vermont fire department as a firefighter;

(B) currently licensed by the Department of Health as an emergency medical technician, an emergency medical responder, an advanced emergency medical technician, or a paramedic;

(C) currently certified as a law enforcement officer by the Vermont Criminal Justice Council, including constables and sheriffs;

(D) currently employed by the Department of Corrections as a probation, parole, or correctional facility officer;

BILL AS PASSED BY THE HOUSE H.270 Page 3 of 12 (E) currently certified by the Vermont Enhanced 911 Board as a 911 call taker or employed as an emergency communications dispatcher providing service for an emergency service provider organization;

or (F) currently registered as a ski patroller at a Vermont ski resort with the National Ski Patrol or Professional Ski Patrol Association.

(3) “Employer” means an entity that employs or oversees emergency service providers working in a paid or volunteer capacity, including a State or local agency, such as a county sheriff, municipal police department, Vermont State Police, or any State or local public body that employs or oversees volunteer emergency service providers.

(4) “Peer support counseling session” means a critical incident stress management program session for emergency service providers who have been involved in a traumatic incident by reason of their employment or volunteer service.

(b)(1) Except as provided in subsection (d) of this section, any communication made by a participant or counselor in a peer support counseling session of a critical incident stress management program established by an employer of emergency service providers, including any oral or written information conveyed during a peer support counseling session, shall not be disclosed by any individual participating in the peer counseling session.

BILL AS PASSED BY THE HOUSE H.270 Page 4 of 12 (2) Except as provided by subsection (d) of this section, any communication relating to a peer support counseling session between counselors, between counselors and other staff members of a critical incident stress management program, or between staff members of a critical incident stress management program, including any oral or written information, shall not be disclosed by any individual participating in the communication.

(3) Written communications described in this subsection, such as notes, records, and reports related to a peer counseling session, are exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

The Public Records Act exemptions created in this section shall not be subject to the provisions of 1 V.S.A.

§ 317(e) (repeal of Public Records Act exemptions).

(c) Except as provided by subsection (d) of this section, any communication made by a participant or counselor in a peer support counseling session, including any oral or written communication, such as notes, records, and reports related to the peer counseling session, shall not be admissible in a judicial, administrative, or arbitration proceeding.

Limitations on disclosure imposed by this subsection include disclosure during any discovery conducted as part of an adjudicatory proceeding.

Limitations on disclosure imposed by this subsection shall not include knowledge acquired by an emergency service provider from observations made during the course of BILL AS PASSED BY THE HOUSE H.270 Page 5 of 12 employment or volunteer service or information acquired by the emergency service provider during the course of employment or volunteer service that is otherwise subject to discovery or introduction into evidence.

(d)(1) Confidentiality protections described in subsections (b) and (c) of this section shall only apply to a peer support counseling session conducted by an individual who has:

(A) been designated by an employer or a critical incident stress management program to act as a counselor;

and (B) received training in counseling and providing emotional and moral support to emergency service providers who have been involved in emotionally traumatic incidents by reason of their employment or volunteer service.

(2) Confidentiality protections described in subsections (b) and (c) of this section shall not apply to the following information as it pertains to an individual designated to receive such information in the normal course the individual’s professional responsibilities:

(A) any threat of suicide or homicide made by a participant of a peer support counseling session or any information conveyed in a peer support counseling session relating to a threat of suicide or homicide;

(B) any information relating to the abuse of a child or vulnerable adult or other information that is required to be reported by law;

BILL AS PASSED BY THE HOUSE H.270 Page 6 of 12 (C) any admission of criminal conduct;

or (D) any admission of a plan to commit a crime.