LAWRENCE J. HOGAN, JR., Governor Ch. 152
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Chapter 152
(Senate Bill 446)
AN ACT concerning
Public Safety – Fire, Rescue, or Emergency Medical Services Entities – Peer
Support Programs
FOR the purpose of establishing certain confidentiality requirements for peer support
counseling programs for fire, rescue, or emergency medical services entities;
requiring the Behavioral Health Administration, in consultation with the Maryland
Institute for Emergency Medical Services Systems, to issue a report on certain best
practices relating to peer support counseling for fire, rescue, or emergency medical
services entities and to make certain information regarding peer support counseling
publicly available on the Administration’s website; and generally relating to peer
support programs for fire, rescue, or emergency medical services entities.
BY adding to
Article – Public Safety
Section 7–404
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Public Safety
7–404.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “PEER SUPPORT COUNSELI NG PROGRAM ” MEANS A PRO GRAM
PROVIDED BY A FIRE , RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS THAT PRO VIDES COUNSELING
SERVICES FROM A PEER SUPPORT SPECIALIST T O A MEMBER OF A FIRE , RESCUE, OR
EMERGENCY MEDICAL SE RVICES ENTITY.
(3) “PEER SUPPORT SPECIALI ST” MEANS A MEMBER OF A FIRE,
RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY OR T HE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS WHO :
(I) HAS RECEIVED TRAININ G IN PEER SUPPORT CO UNSELING
AND PROVIDING EMOTIO NAL AND MORAL SUPPOR T TO MEMBERS OF FIRE , RESCUE, Ch. 152 2022 LAWS OF MARYLAND
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OR EMERGENCY MEDICAL SERVICES ENTITIES WH O HAVE BEEN INVOLVED IN OR
EXPOSED TO AN EMOTIO NALLY TRAUMATIC EXPE RIENCE IN THE COURSE OF DUTY
AS A MEMBER OF A FIR E, RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITY ; AND
(II) IS DESIGNATED BY THE FIRE , RESCUE, OR EMERGENCY
MEDICAL SERVICES ENT ITY TO PROVIDE THE S ERVICES DESCRIBED IN ITEM (I) OF
THIS PARAGRAPH .
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
PEER SUPPORT SPECIAL IST OR PEER SUPPORT PARTICIPANT MAY NOT DISCLOSE
THE CONTENTS OF ANY WRITTEN OR ORAL COMM UNICATION REGARDING A PEER
SUPPORT COUNSELING S ESSION.
(2) PARAGRAPH (1) OF THIS SUBSECTION D OES NOT APPLY IF:
(I) THE COMMUNICATION CO NTAINS:
1. AN EXPLICIT THREAT O F SUICIDE, THE DISCLOSURE
OF WHICH THE PEER SU PPORT SPECIALIST BEL IEVES IS NECESSARY T O AVOID A
SUICIDE ATTEMPT ;
2. AN EXPLICIT THREAT O F IMMINENT AND SERIO US
BODILY HARM OR DEATH TO A CLEARLY IDENTIF IED OR IDENTIFIABLE INDIVIDUAL;
3. INFORMATION RELATING TO THE ABUSE OR NEGL ECT
OF A CHILD OR VULNER ABLE ADULT, OR ABUSE OR NEGLECT THAT IS OTHERWISE
REQUIRED TO BE REPOR TED BY LAW; OR
4. THE ADMISSION OF CRI MINAL CONDUCT ;
(II) THE DISCLOSURE IS AU THORIZED BY EACH PEE R SUPPORT
PARTICIPANT WHO WAS A PARTY TO THE COMMU NICATION; OR
(III) A COURT OF COMPETENT JURISDICTION ISSUES AN ORDER
OR SUBPOENA REQUIRIN G THE DISCLOSURE OF THE COMMUNICATION .
(3) BEFORE THE INITIAL PE ER SUPPORT COUNSELIN G SESSION WITH
A PEER SUPPORT PARTI CIPANT, A PEER SUPPORT SPECI ALIST SHALL INFORM T HE
PEER SUPPORT PARTICI PANT IN WRITING OF T HE CONFIDENTIALITY P ROVISIONS IN
THIS SUBSECTION .
(C) (1) ON OR BEFORE OCTOBER 1, 2024, THE BEHAVIORAL HEALTH
ADMINISTRATION , IN CONSULTATION WITH THE MARYLAND INSTITUTE FOR LAWRENCE J. HOGAN, JR., Governor Ch. 152
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EMERGENCY MEDICAL SERVICES SYSTEMS, SHALL DEVELOP A REPO RT ON BEST
PRACTICES AND PROFES SIONAL STANDARDS FOR PEER SUPPORT COUNSEL ING
PROGRAMS, INCLUDING:
(I) GUIDELINES FOR ESTABLISHIN G AND OPERATING PEER
SUPPORT COUNSELING P ROGRAMS;
(II) GUIDELINES FOR TRAIN ING AND CERTIFYING P EER
SUPPORT SPECIALISTS ;
(III) A CODE OF ETHICS FOR PEER SUPPORT SPECIAL ISTS;
(IV) RECOMMENDATIONS FOR CONTINUING EDUCATION FOR
PEER SUPPORT SPECIAL ISTS;
(V) SUGGESTIONS ON DISCL OSING CONFIDENTIALIT Y RIGHTS
TO ANY POTENTIAL PEE R SUPPORT PARTICIPAN TS;
(VI) INFORMATION ON THE D IFFERENT TYPES OF PE ER
SUPPORT COUNSELING P ROGRAMS USED BY FIRE , RESCUE, OR EMERGENCY
MEDICAL SERVICES ENT ITIES;
(VII) INFORMATION REGARDIN G ANY DIFFERENCES IN THE
TYPES OF PEER SUPPOR T COUNSELING PROGRAM S OFFERED BETWEEN EA CH TYPE
OF ENTITY; AND
(VIII) INFORMATION ON THE R OLE OF SENIOR MEMBER S OF FIRE,
RESCUE, OR EMERGENCY MEDICAL SERVICES ENTITIES IN SUPPORTING ACCESS TO
MENTAL HEALTH RESOUR CES.
(2) FOLLOWING THE COMPLET ION OF THE REPORT RE QUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE BEHAVIORAL HEALTH
ADMINISTRATION SHALL MAKE THE FOLLOWING I NFORMATION PUBLICLY
AVAILABLE ON THE ADMINISTRATION ’S WEBSITE:
(I) THE PUBLISHED REPORT ; AND
(II) A LIST OF PEER SUPPO RT SPECIALIST TRAINI NG
PROGRAMS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Approved by the Governor, April 21, 2022.