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

Bill Text

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No. 105. An act relating to confidentiality in peer support sessions for
emergency service providers.
(H.270)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 18 V.S.A. § 7257c is added to read:
§ 7257c. CONFIDENTIALITY; PEER SUPPORT FOR EMERGENCY
SERVICE PROVIDERS
(a) As used in this section:
(1) “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;
(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;
(F) currently registered as a ski patroller at a Vermont ski resort with
the National Ski Patrol or Professional Ski Patrol Association;

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(G) currently working as a mental health professional in a crisis
setting who is licensed, certified, or rostered, respectively, to provide mental
health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an
advance practice registered nurse specializing in psychiatric mental health
pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter
55; a peer support provider or peer recovery support specialist pursuant to
26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an
alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical
mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and
family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to
26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A.
chapter 95; or a nonlicensed or noncertified psychotherapist, noncertified
psychoanalyst, or any other professional that provides mental health services;
or
(H) currently serving as a medical examiner or assistant medical
examiner as appointed by the Chief Medical Examiner.
(2) “Employer” means an entity that employs or oversees emergency
service providers working in a paid or volunteer capacity.
(3) “Peer support communication” means an oral or written
communication made in the course of a peer support session; a note or report
arising out of a peer support session; or a record of a peer support session.

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(4) “Peer support program” means a program to provide support
services to emergency service providers working in a paid or volunteer
capacity.
(5) “Peer support session” means an individual or group peer support
session provided by a peer support specialist for emergency service providers
who have been involved in a potentially traumatizing event or are suffering
from cumulative or chronic emotional stress by reason of their employment or
volunteer service or related to other personal matters.
(6)(A) “Emergency service peer support specialist” means an individual
who:
(i) has been designated by an employer to serve as a member of an
employer-based peer support program or designated by a peer support program
to act as a peer support resource;
(ii) has received training in providing peer support to emergency
service providers who have been involved in potentially traumatizing events by
reason of their employment or volunteer service; or
(iii) is otherwise a member of an organized and recognized
Vermont peer support program.
(B) “Emergency service peer support specialist” shall not be
construed to have the same meaning as a “certified peer support provider”
defined pursuant to 26 V.S.A. § 3191.
(b)(1) Except as provided in subsection (d) of this section:

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(A) any peer support communication made by a participant in a peer
support session of a peer support program led by an emergency service peer
support specialist shall not be disclosed by any individual participating in the
peer support session; and
(B) any peer support communication relating to a peer support
session led by an emergency service peer support specialist between the
emergency service peer support specialist and another staff member of the peer
support program or between staff members of a peer support program shall not
be disclosed by any individual participating in the peer support
communication.
(2) Written peer support communications 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 Pub