Maryland 2022 2022 Regular Session

Maryland House Bill HB581 Engrossed / Bill

Filed 03/19/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *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 
Committee Report: Favorable with amendments 
House action: Adopted 
Read second time: March 12, 2022 
 
CHAPTER ______ 
 
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, in consultation with the Maryland 6 
Institute for Emergency Medical Services Systems, to issue a report on certain best 7 
practices relating to peer support counseling for fire, rescue, or emergency medical 8 
services entities and to make certain information regarding peer support counseling 9 
publicly available on the Administration’s website; and generally relating to peer 10 
support programs for fire, rescue, or emergency medical services entities. 11 
 
BY adding to 12 
 Article – Public Safety 13 
Section 7–404 14 
 Annotated Code of Maryland 15 
 (2018 Replacement Volume and 2021 Supplement) 16 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 
That the Laws of Maryland read as follows: 18 
 
Article – Public Safety 19 
 
7–404.  20 
  2 	HOUSE BILL 581  
 
 
 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1 
INDICATED.  2 
 
 (2) “PEER SUPPORT COUNSELI NG PROGRAM ” MEANS A PROGRAM 3 
PROVIDED BY A FIRE , RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE 4 
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS THAT PRO VIDES COUNSELING 5 
SERVICES FROM A PEER SUPPORT SPECIALIST T O A MEMBER OF A FIR E, RESCUE, OR 6 
EMERGENCY MEDICAL SE RVICES ENTITY.  7 
 
 (3) “PEER SUPPORT SPECIALI ST” MEANS A MEMBER OF A FIRE, 8 
RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE INTERNATIONAL 9 
ASSOCIATION OF FIREFIGHTERS WHO :  10 
 
 (I) HAS RECEIVED TRAININ G IN PEER SUPPORT C OUNSELING 11 
AND PROVIDING EMOTIO NAL AND MORAL SUPPOR T TO MEMBERS OF FIRE , RESCUE, 12 
OR EMERGENCY MEDICAL SERVICES ENTITIES WH O HAVE BEEN INVOLVED IN OR 13 
EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN THE COURSE OF DUTY 14 
AS A MEMBER OF A FIR E, RESCUE, OR EMERG ENCY MEDICAL SERVICE S ENTITY; AND 15 
 
 (II) IS DESIGNATED BY THE FIRE, RESCUE, OR EMERGENCY 16 
MEDICAL SERVICES ENT ITY TO PROVIDE THE S ERVICES DESCRIBED IN ITEM (I) OF 17 
THIS PARAGRAPH .  18 
 
 (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 19 
PEER SUPPORT SPECIALIST OR PEER SUPPORT PARTICI PANT MAY NOT DISCLOS E 20 
THE CONTENTS OF ANY WRITTEN OR ORAL COMM UNICATION REGARDING A PEER 21 
SUPPORT COUNSELING S ESSION.  22 
 
 (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF: 23 
 
 (I) THE COMMUNICATION CO NTAINS: 24 
 
 1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE 25 
OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A 26 
SUICIDE ATTEMPT ;  27 
 
 2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US 28 
BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL;  29 
 
 3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT 30 
OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE 31 
REQUIRED TO BE REPOR TED BY LAW; OR 32 
 
 4. THE ADMISSION OF CRI MINAL CONDUCT ;  33   	HOUSE BILL 581 	3 
 
 
 
 (II) THE DISCLOSURE IS AU THORIZED BY EACH PEER SUPPORT 1 
PARTICIPANT WHO WAS A PARTY TO THE COMMU NICATION; OR 2 
 
 (III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 3 
OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION .  4 
 
 (3) BEFORE THE INITIAL PE ER SUPPORT COUNSELIN G SESSION WITH 5 
A PEER SUPPORT PARTI CIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM T HE 6 
PEER SUPPORT PARTICI PANT IN WRITING OF T HE CONFIDENTIALITY P ROVISIONS IN 7 
THIS SUBSECTION .  8 
 
 (C) (1) ON OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH 9 
ADMINISTRATION , IN CONSULTATION WITH THE MARYLAND INSTITUTE FOR 10 
EMERGENCY MEDICAL SERVICES SYSTEMS, SHALL DEVELOP A REPO RT ON BEST 11 
PRACTICES AND PROFES SIONAL STANDARDS FOR PEER SUPPORT COUNSEL ING 12 
PROGRAMS, INCLUDING:  13 
 
 (I) GUIDELINES FOR ESTABLI SHING AND OPERATING PEER 14 
SUPPORT COUNSELING P ROGRAMS;  15 
 
 (II) GUIDELINES FOR TRAIN ING AND CERTIFYING P EER 16 
SUPPORT SPECIALISTS ;  17 
 
 (III) A CODE OF ETHICS FOR PEER SUPPORT SPECIAL ISTS;  18 
 
 (IV) RECOMMENDATIONS FOR CONTINUING EDUCATIO N FOR 19 
PEER SUPPORT SPECIAL ISTS;  20 
 
 (V) SUGGESTIONS ON DISCL OSING CONFIDENTIALIT Y RIGHTS 21 
TO ANY POTENTIAL PEE R SUPPORT PARTICIPAN TS; 22 
 
 (VI) INFORMATION ON THE D IFFERENT TYPES OF PE ER 23 
SUPPORT COUNSELING P ROGRAMS USED BY FIRE , RESCUE, OR EMERGENCY 24 
MEDICAL SERVICES ENTITIES ;  25 
 
 (VII) INFORMATION REGARDIN G ANY DIFFERENCES IN THE 26 
TYPES OF PEER SUPPOR T COUNSELING PROGRAM S OFFERED BETWEEN EA CH TYPE 27 
OF ENTITY; AND 28 
 
 (VIII) INFORMATION ON THE R OLE OF SENIOR MEMBER S OF FIRE, 29 
RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITIES IN SUPPO RTING ACCESS TO 30 
MENTAL HEALTH RESOUR CES.  31 
  4 	HOUSE BILL 581  
 
 
 (2) FOLLOWING THE COMPLET ION OF THE REPORT RE QUIRED 1 
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE BEHAVIORAL HEALTH 2 
ADMINISTRATION SHALL MAKE THE FOLLOWING I NFORMATION PUBLICLY 3 
AVAILABLE ON THE ADMINISTRATION ’S WEBSITE: 4 
 
 (I) THE PUBLISHED REPORT ; AND 5 
 
 (II) A LIST OF PEER SUPPO	RT SPECIALIST TRAINI NG 6 
PROGRAMS.  7 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 
October 1, 2022. 9 
 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
  Speaker of the House of Delegates. 
________________________________________________________________________________  
         President of the Senate.