MD
Maryland Senate Bill SB446

Maryland 2022 Regular Session

Maryland Senate Bill SB446 Compare Versions

OldNewDifferences
1- LAWRENCE J. HOGAN, JR., Governor Ch. 152
21
3-– 1 –
4-Chapter 152
5-(Senate Bill 446)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0446*
89
9-Public Safety – Fire, Rescue, or Emergency Medical Services Entities – Peer
10-Support Programs
10+SENATE BILL 446
11+E4 2lr1612
12+ CF HB 581
13+By: Senators Waldstreicher, King, Elfreth, and Smith
14+Introduced and read first time: January 27, 2022
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 22, 2022
1119
12-FOR the purpose of establishing certain confidentiality requirements for peer support
13-counseling programs for fire, rescue, or emergency medical services entities;
14-requiring the Behavioral Health Administration, in consultation with the Maryland
15-Institute for Emergency Medical Services Systems, to issue a report on certain best
16-practices relating to peer support counseling for fire, rescue, or emergency medical
17-services entities and to make certain information regarding peer support counseling
18-publicly available on the Administration’s website; and generally relating to peer
19-support programs for fire, rescue, or emergency medical services entities.
20+CHAPTER ______
2021
21-BY adding to
22- Article – Public Safety
23-Section 7–404
24- Annotated Code of Maryland
25- (2018 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
2623
27- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
28-That the Laws of Maryland read as follows:
24+Public Safety – Fire, Rescue, or Emergency Medical Services Entities – Peer 2
25+Support Programs 3
2926
30-Article – Public Safety
27+FOR the purpose of establishing certain confidentiality requirements for peer support 4
28+counseling programs for fire, rescue, or emergency medical services entities; 5
29+requiring the Behavioral Health Administration, in consultation with the Maryland 6
30+Institute for Emergency Medical Services Systems, to issue a report on certain best 7
31+practices relating to peer support counseling for fire, rescue, or emergency medical 8
32+services entities and to make certain information regarding peer support counseling 9
33+publicly available on the Administration’s website; and generally relating to peer 10
34+support programs for fire, rescue, or emergency medical services entities. 11
3135
32-7–404.
36+BY adding to 12
37+ Article – Public Safety 13
38+Section 7–404 14
39+ Annotated Code of Maryland 15
40+ (2018 Replacement Volume and 2021 Supplement) 16
3341
34- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
35-INDICATED.
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
43+That the Laws of Maryland read as follows: 18
3644
37- (2) “PEER SUPPORT COUNSELI NG PROGRAM ” MEANS A PRO GRAM
38-PROVIDED BY A FIRE , RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE
39-INTERNATIONAL ASSOCIATION OF FIREFIGHTERS THAT PRO VIDES COUNSELING
40-SERVICES FROM A PEER SUPPORT SPECIALIST T O A MEMBER OF A FIRE , RESCUE, OR
41-EMERGENCY MEDICAL SE RVICES ENTITY.
45+Article – Public Safety 19
4246
43- (3) “PEER SUPPORT SPECIALI ST” MEANS A MEMBER OF A FIRE,
44-RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE INTERNATIONAL
45-ASSOCIATION OF FIREFIGHTERS WHO :
47+7–404. 20
48+ 2 SENATE BILL 446
4649
47- (I) HAS RECEIVED TRAININ G IN PEER SUPPORT CO UNSELING
48-AND PROVIDING EMOTIO NAL AND MORAL SUPPOR T TO MEMBERS OF FIRE , RESCUE, Ch. 152 2022 LAWS OF MARYLAND
4950
50-– 2 –
51-OR EMERGENCY MEDICAL SERVICES ENTITIES WH O HAVE BEEN INVOLVED IN OR
52-EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN THE COURSE OF DUTY
53-AS A MEMBER OF A FIR E, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY ; AND
51+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
52+INDICATED. 2
5453
55- (II) IS DESIGNATED BY THE FIRE , RESCUE, OR EMERGENCY
56-MEDICAL SERVICES ENT ITY TO PROVIDE THE S ERVICES DESCRIBED IN ITEM (I) OF
57-THIS PARAGRAPH .
54+ (2) “PEER SUPPORT COUNSELI NG PROGRAM ” MEANS A PROGRAM 3
55+PROVIDED BY A FIRE , RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE 4
56+INTERNATIONAL ASSOCIATION OF FIREFIGHTERS THAT PRO VIDES COUNSELING 5
57+SERVICES FROM A PEER SUPPORT SPECIALIST T O A MEMBER OF A FIRE , RESCUE, OR 6
58+EMERGENCY MEDICAL SE RVICES ENTITY. 7
5859
59- (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
60-PEER SUPPORT SPECIAL IST OR PEER SUPPORT PARTICIPANT MAY NOT DISCLOSE
61-THE CONTENTS OF ANY WRITTEN OR ORAL COMM UNICATION REGARDING A PEER
62-SUPPORT COUNSELING S ESSION.
60+ (3) “PEER SUPPORT SPECIALI ST” MEANS A MEMBER OF A FIRE, 8
61+RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE INTERNATIONAL 9
62+ASSOCIATION OF FIREFIGHTERS WHO : 10
6363
64- (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF:
64+ (I) HAS RECEIVED TRAININ G IN PEER SUPPORT CO UNSELING 11
65+AND PROVIDING EMOTIO NAL AND MORAL SUPPOR T TO MEMBERS OF FIRE , RESCUE, 12
66+OR EMERGENCY MEDICAL SERVICES ENTITIES WH O HAVE BEEN INVOLVED IN OR 13
67+EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN THE COURSE OF DUTY 14
68+AS A MEMBER OF A FIR E, RESCUE, OR EMERGENCY ME DICAL SERVICES ENTIT Y; AND 15
6569
66- (I) THE COMMUNICATION CO NTAINS:
70+ (II) IS DESIGNATED BY THE FIRE, RESCUE, OR EMERGENCY 16
71+MEDICAL SERVICES ENT ITY TO PROVIDE THE S ERVICES DESCRIBED IN ITEM (I) OF 17
72+THIS PARAGRAPH . 18
6773
68- 1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE
69-OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A
70-SUICIDE ATTEMPT ;
74+ (B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 19
75+PEER SUPPORT S PECIALIST OR PEER SU PPORT PARTICIPANT MA Y NOT DISCLOSE 20
76+THE CONTENTS OF ANY WRITTEN OR ORAL COMM UNICATION REGARDING A PEER 21
77+SUPPORT COUNSELING S ESSION. 22
7178
72- 2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US
73-BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL;
79+ (2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF: 23
7480
75- 3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT
76-OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE
77-REQUIRED TO BE REPOR TED BY LAW; OR
81+ (I) THE COMMUNICATION CO NTAINS: 24
7882
79- 4. THE ADMISSION OF CRI MINAL CONDUCT ;
83+ 1. AN EXPLICIT THREAT OF S UICIDE, THE DISCLOSURE 25
84+OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A 26
85+SUICIDE ATTEMPT ; 27
8086
81- (II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R SUPPORT
82-PARTICIPANT WHO WAS A PARTY TO THE COMMU NICATION; OR
87+ 2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US 28
88+BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL; 29
8389
84- (III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER
85-OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION .
90+ 3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT 30
91+OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE 31
92+REQUIRED TO BE REPOR TED BY LAW; OR 32
8693
87- (3) BEFORE THE INITIAL PE ER SUPPORT COUNSELIN G SESSION WITH
88-A PEER SUPPORT PARTI CIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM T HE
89-PEER SUPPORT PARTICI PANT IN WRITING OF T HE CONFIDENTIALITY P ROVISIONS IN
90-THIS SUBSECTION .
94+ 4. THE ADMISSION OF CRI MINAL CONDUCT ; 33 SENATE BILL 446 3
9195
92- (C) (1) ON OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH
93-ADMINISTRATION , IN CONSULTATION WITH THE MARYLAND INSTITUTE FOR LAWRENCE J. HOGAN, JR., Governor Ch. 152
9496
95-– 3 –
96-EMERGENCY MEDICAL SERVICES SYSTEMS, SHALL DEVELOP A REPO RT ON BEST
97-PRACTICES AND PROFES SIONAL STANDARDS FOR PEER SUPPORT COUNSEL ING
98-PROGRAMS, INCLUDING:
9997
100- (I) GUIDELINES FOR ESTABLISHIN G AND OPERATING PEER
101-SUPPORT COUNSELING P ROGRAMS;
98+ (II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R SUPPORT 1
99+PARTICIPANT WHO WAS A PARTY TO THE COMMU NICATION; OR 2
102100
103- (II) GUIDELINES FOR TRAIN ING AND CERTIFYING P EER
104-SUPPORT SPECIALISTS ;
101+ (III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER 3
102+OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION . 4
105103
106- (III) A CODE OF ETHICS FOR PEER SUPPORT SPECIAL ISTS;
104+ (3) BEFORE THE INITIAL PE ER SUPPORT COUNSELIN G SESSION WITH 5
105+A PEER SUPPORT PARTI CIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM T HE 6
106+PEER SUPPORT PARTICI PANT IN WRITING OF T HE CONFIDENTIALITY P ROVISIONS IN 7
107+THIS SUBSECTION . 8
107108
108- (IV) RECOMMENDATIONS FOR CONTINUING EDUCATION FOR
109-PEER SUPPORT SPECIAL ISTS;
109+ (C) (1) ON OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH 9
110+ADMINISTRATION , IN CONSULTATION WITH THE MARYLAND INSTITUTE FOR 10
111+EMERGENCY MEDICAL SERVICES SYSTEMS, SHALL DEVELOP A REPO RT ON BEST 11
112+PRACTICES AND PROFES SIONAL STANDARDS FOR PEER SUPPORT COUNSEL ING 12
113+PROGRAMS, INCLUDING: 13
110114
111- (V) SUGGESTIONS ON DISCL OSING CONFIDENTIALIT Y RIGHTS
112-TO ANY POTENTIAL PEE R SUPPORT PARTICIPAN TS;
115+ (I) GUIDELINES FOR ESTABLI SHING AND OPERATING PEER 14
116+SUPPORT COUNSELING P ROGRAMS; 15
113117
114- (VI) INFORMATION ON THE D IFFERENT TYPES OF PE ER
115-SUPPORT COUNSELING P ROGRAMS USED BY FIRE , RESCUE, OR EMERGENCY
116-MEDICAL SERVICES ENT ITIES;
118+ (II) GUIDELINES FOR TRAIN ING AND CERTIFYING P EER 16
119+SUPPORT SPECIALISTS ; 17
117120
118- (VII) INFORMATION REGARDIN G ANY DIFFERENCES IN THE
119-TYPES OF PEER SUPPOR T COUNSELING PROGRAM S OFFERED BETWEEN EA CH TYPE
120-OF ENTITY; AND
121+ (III) A CODE OF ETHICS FOR PEER SUPPORT SPECIAL ISTS; 18
121122
122- (VIII) INFORMATION ON THE R OLE OF SENIOR MEMBER S OF FIRE,
123-RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITIES IN SUPPORTING ACCESS TO
124-MENTAL HEALTH RESOUR CES.
123+ (IV) RECOMMENDATIONS FOR CONTINUING EDUCATIO N FOR 19
124+PEER SUPPORT SPECIAL ISTS; 20
125125
126- (2) FOLLOWING THE COMPLET ION OF THE REPORT RE QUIRED
127-UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE BEHAVIORAL HEALTH
128-ADMINISTRATION SHALL MAKE THE FOLLOWING I NFORMATION PUBLICLY
129-AVAILABLE ON THE ADMINISTRATION ’S WEBSITE:
126+ (V) SUGGESTIONS ON DISCL OSING CONFIDENTIALIT Y RIGHTS 21
127+TO ANY POTENTIAL PEE R SUPPORT PARTICIPAN TS; 22
130128
131- (I) THE PUBLISHED REPORT ; AND
129+ (VI) INFORMATION ON THE D IFFERENT TYPES OF PE ER 23
130+SUPPORT COUNSELING P ROGRAMS USED BY FIRE , RESCUE, OR EMERGENCY 24
131+MEDICAL SERVICES ENTITIES ; 25
132132
133- (II) A LIST OF PEER SUPPO RT SPECIALIST TRAINI NG
134-PROGRAMS.
133+ (VII) INFORMATION REGARDIN G ANY DIFFERENCES IN THE 26
134+TYPES OF PEER SUPPOR T COUNSELING PROGRAM S OFFERED BETWEEN EA CH TYPE 27
135+OF ENTITY; AND 28
135136
136- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
137-October 1, 2022.
137+ (VIII) INFORMATION ON THE R OLE OF SENIOR MEMBER S OF FIRE, 29
138+RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITIES IN SUPPO RTING ACCESS TO 30
139+MENTAL HEALTH RESOUR CES. 31
140+ 4 SENATE BILL 446
138141
139-Approved by the Governor, April 21, 2022.
142+
143+ (2) FOLLOWING THE COMPLET ION OF THE REPORT RE QUIRED 1
144+UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE BEHAVIORAL HEALTH 2
145+ADMINISTRATION SHALL MAKE THE FOLLOWING I NFORMATION PUBLICLY 3
146+AVAILABLE ON THE ADMINISTRATION ’S WEBSITE: 4
147+
148+ (I) THE PUBLISHED REPORT ; AND 5
149+
150+ (II) A LIST OF PEER SUPPO RT SPECIALIST TRAINI NG 6
151+PROGRAMS. 7
152+
153+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
154+October 1, 2022. 9
155+
156+
157+
158+
159+Approved:
160+________________________________________________________________________________
161+ Governor.
162+________________________________________________________________________________
163+ President of the Senate.
164+________________________________________________________________________________
165+ Speaker of the House of Delegates.