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.
*sb0446*
SENATE BILL 446
E4 2lr1612
CF HB 581
By: Senators Waldstreicher, King, Elfreth, and Smith
Introduced and read first time: January 27, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 22, 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 SENATE BILL 446
(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 FIRE , 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 CO UNSELING 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 EMERGENCY ME DICAL SERVICES ENTIT Y; 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 S PECIALIST OR PEER SU PPORT PARTICIPANT MA Y NOT DISCLOSE 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 OF S UICIDE, 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 SENATE BILL 446 3
(II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R 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 SENATE BILL 446
(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.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.