EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0446*
SENATE BILL 446
E4 2lr1612
CF 2lr2953
By: Senators Waldstreicher, King, Elfreth, and Smith
Introduced and read first time: January 27, 2022
Assigned to: Judicial Proceedings
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 COUNSELING PROGRAM ” MEANS A PROGRAM 22
PROVIDED BY A FIRE , RESCUE, OR EMERGENCY MEDICAL SE RVICES ENTITY OR THE 23
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS THAT PRO VIDES COUNS ELING 24 2 SENATE BILL 446
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 SE RVICES ENTITY OR THE INTERNATIONAL 4
ASSOCIATION OF FIREFIGHTERS WHO: 5
(I) HAS RECEIVED TRAINING IN PEER SUPPORT COUNSEL ING 6
AND PROVIDING EMOTIO NAL AND MORAL SUPPOR T TO MEMBERS OF FIRE , RESCUE, 7
OR EMERGENCY MEDICAL SE RVICES ENTITIES WHO HAVE BEEN INVOLV ED IN OR 8
EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN THE COURSE OF DUTY 9
AS A MEMBER OF A FIR E, RESCUE, OR EMERGENCY MEDICAL SE RVICES ENTITY; AND 10
(II) IS DESIGNATED BY THE FI RE, RESCUE, OR EMERGENCY 11
MEDICAL SERVICES ENT ITY TO PROVIDE THE SERVICES DESCRIB ED 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 COMMUNICATION REGARD ING A PEER 16
SUPPORT COUNSELING S ESSION. 17
(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF: 18
(I) THE COMMUNICATION CONTAI NS: 19
1. AN EXPLICIT THREAT OF S UICIDE, THE DISCLOSURE 20
OF WHICH THE PEER SUPPORT SPE CIALIST BELIEVES IS NECESSAR Y TO AVOID A 21
SUICIDE ATTEMPT ; 22
2. AN EXPLICIT THREAT OF I MMINENT AND SERIOUS 23
BODILY HARM OR DEATH TO A CLEARL Y IDENTIFIED OR IDEN TIFIABLE INDIVIDUAL ; 24
3. INFORMATION RELATING TO THE ABUS E OR NEGLECT 25
OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THA T IS OTHERWISE 26
REQUIRED TO BE REPOR TED BY LAW; OR 27
4. THE ADMISSION OF CRIMINA L CONDUCT; 28
(II) THE DISCLOSURE IS AUTHORIZED BY EACH PEER SUPPORT 29
PARTICIPANT WHO WAS A PARTY TO THE COMMU NICATION; OR 30
SENATE BILL 446 3
(III) A COURT OF COMPETENT J URISDICTION ISSUES A N ORDER 1
OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE CO MMUNICATION . 2
(3) BEFORE THE INITIAL PE ER SUPPORT COUNSELIN G SESSION WITH 3
A PEER SUPPORT PARTI CIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM T HE 4
PEER SUPPORT P ARTICIPANT IN WRITIN G OF THE CONFIDENTIA LITY PROVISIONS IN 5
THIS SUBSECTION . 6
(C) (1) ON OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH 7
ADMINISTRATION SHALL DEVELOP A REPO RT ON BEST PRACTICES AND 8
PROFESSIONAL STANDAR DS FOR PEER SUPPORT COUNSELING PROGRAMS, 9
INCLUDING: 10
(I) GUIDELINES FOR ESTABLISHING AND OPERATING PEER 11
SUPPORT COUNSELING P ROGRAMS; 12
(II) GUIDELINES FOR TRAINING AND CER TIFYING PEER 13
SUPPORT SPECIALISTS ; 14
(III) A CODE OF ETHICS FOR P EER SUPPORT SPECIALI STS; 15
(IV) RECOMME NDATIONS FOR CONTINUING EDUCA TION FOR 16
PEER SUPPORT SPECIAL ISTS; 17
(V) SUGGESTIONS ON DISCLOSING CONFID ENTIALITY RIGHTS 18
TO ANY POTENTIAL PEE R SUPPORT PARTICIPAN TS; 19
(VI) INFORMATION ON THE DIFFERENT TYP ES OF PEER 20
SUPPORT COUNSELING P ROGRAMS USED BY FIRE , RESCUE, OR EMERGENCY 21
MEDICAL SERVICES ENT ITIES; 22
(VII) INFORMATION REGARDING ANY DIFFER ENCES IN THE 23
TYPES OF PEER SUPPOR T COUNSELING PROGRAM S OFFERED BETWEEN EA CH TYPE 24
OF ENTITY; AND 25
(VIII) INFORMATION ON THE ROLE OF SENIOR MEMBERS OF FI RE, 26
RESCUE, OR EMERGENCY MEDICAL SE RVICES ENTITIES IN SUPPORTING ACCESS TO 27
MENTAL HEALTH RESOUR CES. 28
(2) FOLLOWING THE COMPLET ION OF THE REPORT RE QUIRED 29
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE BEHAVIORAL HEALTH 30
ADMINISTRATION SHALL MAKE THE FOLLOWING I NFORMATION PUBLICLY 31
AVAILABLE ON THE ADMINISTRATION ’S WEBSITE: 32 4 SENATE BILL 446
(I) THE PUBLISHED REPORT ; AND 1
(II) A LIST OF PEER SUPPORT SPECIALIST TRAINING 2
PROGRAMS. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2022. 5