EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0581*
HOUSE BILL 581
E4 2lr2953
CF SB 446
By: Delegates P. Young, Ebersole, Hornberger, and Patterson
Introduced and read first time: January 31, 2022
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Fire, Rescue, or Emergency Medical Services Entities – Peer 2
Support Programs 3
FOR the purpose of establishing certain confidentiality requirements for peer support 4
counseling programs for fire, rescue, or emergency medical services entities; 5
requiring the Behavioral Health Administration to issue a report on certain best 6
practices relating to peer support counseling for fire, rescue, or emergency medical 7
services entities and to make certain information regarding peer support counseling 8
publicly available on the Administration’s website; and generally relating to peer 9
support programs for fire, rescue, or emergency medical services entities. 10
BY adding to 11
Article – Public Safety 12
Section 7–404 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Public Safety 18
7–404. 19
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 20
INDICATED. 21
(2) “PEER SUPPORT COUNSELI NG PROGRAM ” MEANS A PROGRAM 22
PROVIDED BY A FIRE , RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE 23
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS THAT PRO VIDES COUNSELING 24 2 HOUSE BILL 581
SERVICES FROM A PEER SUPPORT SPECIALIST T O A MEMBER OF A FIRE , RESCUE, OR 1
EMERGENCY MEDICAL SE RVICES ENTITY. 2
(3) “PEER SUPPORT SPECIALI ST” MEANS A MEMBER OF A FIRE, 3
RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE INTERNATIONAL 4
ASSOCIATION OF FIREFIGHTERS WHO : 5
(I) HAS RECEIVED TRAININ G IN PEER SUPPORT CO UNSELING 6
AND PROVIDING EMOTIO NAL AND MORAL SUPPOR T TO MEMBERS OF FIRE , RESCUE, 7
OR EMERGENCY MEDICAL SERVICES ENTITIES WH O HAVE BEEN INVOLVED IN OR 8
EXPOSED TO AN EMOTIO NALLY TRAUMATI C EXPERIENCE IN THE COURSE OF DUTY 9
AS A MEMBER OF A FIR E, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY ; AND 10
(II) IS DESIGNATED BY THE FIRE, RESCUE, OR EMERGENCY 11
MEDICAL SERVICES ENT ITY TO PROVIDE THE S ERVICES DESCRIBED IN ITEM (I) OF 12
THIS PARAGRAPH . 13
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 14
PEER SUPPORT SPECIAL IST OR PEER SUPPORT PARTICIPANT MAY NOT DISCLOSE 15
THE CONTENTS OF ANY WRITTEN OR ORAL COMM UNICATION REGARDING A PEER 16
SUPPORT COUNSELING S ESSION. 17
(2) PARAGRAPH (1) OF THIS SUBSECTION DOES NOT APPLY IF: 18
(I) THE COMMUNICATION CO NTAINS: 19
1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE 20
OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A 21
SUICIDE ATTEMPT ; 22
2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US 23
BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL; 24
3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT 25
OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE 26
REQUIRED TO BE R EPORTED BY LAW ; OR 27
4. THE ADMISSION OF CRI MINAL CONDUCT ; 28
(II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R SUPPORT 29
PARTICIPANT WHO WAS A PARTY TO THE COMMU NICATION; OR 30
(III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 31 HOUSE BILL 581 3
OR SUBPOENA REQUIRIN G THE DISCLOSURE OF TH E COMMUNICATION . 1
(3) BEFORE THE INITIAL PE ER SUPPORT COUNSELIN G SESSION WITH 2
A PEER SUPPORT PARTI CIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM T HE 3
PEER SUPPORT PARTICI PANT IN WRITING OF T HE CONFIDENTIALITY P ROVISIONS IN 4
THIS SUBSECTION. 5
(C) (1) ON OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH 6
ADMINISTRATION SHALL DEVELOP A REPORT ON BEST PRACTICES AND 7
PROFESSIONAL STANDAR DS FOR PEER SUPPORT COUNSELING PROGRAMS , 8
INCLUDING: 9
(I) GUIDELINES FOR ESTAB LISHING AND OPERATIN G PEER 10
SUPPORT COUNSELING P ROGRAMS; 11
(II) GUIDELINES FOR TRAIN ING AND CERTIFYING P EER 12
SUPPORT SPECIALISTS ; 13
(III) A CODE OF ETHICS FOR PEER SUPPORT SPECIAL ISTS; 14
(IV) RECOMMENDATIONS FOR CONTINUING EDUCATION FOR 15
PEER SUPPORT SPECIAL ISTS; 16
(V) SUGGESTIONS ON DISCL OSING CONFIDENTIALIT Y RIGHTS 17
TO ANY POTENTIAL PEE R SUPPORT PARTICIPAN TS; 18
(VI) INFORMATION ON THE D IFFERENT TYPES OF PE ER 19
SUPPORT COUNSELING P ROGRAMS USED BY FIRE , RESCUE, OR EMERGENCY 20
MEDICAL SERVICES ENT ITIES; 21
(VII) INFORMATIO N REGARDING ANY DIFF ERENCES IN THE 22
TYPES OF PEER SUPPOR T COUNSELING PROGRAM S OFFERED BETWEEN EA CH TYPE 23
OF ENTITY; AND 24
(VIII) INFORMATION ON THE R OLE OF SENIOR MEMBER S OF FIRE, 25
RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITIES IN SUPPORTING ACCESS TO 26
MENTAL HEALTH RESOURCES . 27
(2) FOLLOWING THE COMPLET ION OF THE REPORT RE QUIRED 28
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE BEHAVIORAL HEALTH 29
ADMINISTRATION SHALL MAKE THE FOLLOWING I NFORMATION PUBLICLY 30
AVAILABLE ON THE ADMINISTRATION ’S WEBSITE: 31
4 HOUSE BILL 581
(I) THE PUBLISHED REPORT ; AND 1
(II) A LIST OF PEER SUPPO RT SPECIALIST TRAINI NG 2
PROGRAMS. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. 5