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HOUSE BILL 74
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Elizabeth "Liz" Thomson
FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE
AN ACT
RELATING TO BEHAVIORAL HEALTH; ENACTING THE FIREFIGHTER AND
EMERGENCY SERVICE PROVIDER PEER SUPPORT ACT; ALLOWING STATE,
LOCAL AND REGIONAL PUBLIC FIRE AGENCIES TO CREATE PEER SUPPORT
PROGRAMS FOR THEIR EMPLOYEES AND VOLUNTEERS; MAKING PEER
SUPPORT SERVICES CONFIDENTIAL; LIMITING LIABILITY FOR THE
PROVISION OF PEER SUPPORT SERVICES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Firefighter and Emergency Service Provider Peer
Support Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
Firefighter and Emergency Service Provider Peer Support Act:
A. "confidential communication" means a written or
oral communication between an emergency service provider and a
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peer support team member;
B. "critical incident stress" means the acute or
cumulative psychological stress or trauma that emergency
service providers may experience after responding to an event
that involves crisis, disaster, trauma or emergency and that
results in unusually strong emotional, cognitive, behavioral or
physical reactions that may interfere with normal functioning
and could lead to posttraumatic stress and other injuries,
including:
(1) physical and emotional illness;
(2) failure of usual coping mechanisms;
(3) loss of interest in the job or normal life
activities;
(4) personality changes; and
(5) loss of ability to function;
C. "emergency service provider" means an employee
or volunteer at a state, local or regional public fire agency
who provides emergency response services;
D. "peer support program" means a program
administered by a state, local or regional public fire agency
that delivers peer support services to emergency service
providers;
E. "peer support services" means services provided
by a peer support team member that assist emergency service
providers who are struggling with behavioral health issues; and
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F. "peer support team member" means an emergency
service provider who has completed peer support training
approved by the state fire marshal's office, works for a public
fire agency and provides peer support services to emergency
service providers.
SECTION 3. [NEW MATERIAL] PEER SUPPORT PROGRAM--PEER
SUPPORT TEAM MEMBER TRAINING REQUIREMENTS.--
A. Any state, local or regional public fire agency
may establish a peer support program. Each program shall have
at least one peer support team composed of peer support team
members who offer peer support services to emergency service
providers.
B. Each peer support team member shall complete a
training course approved by the state fire marshal's office.
The training course shall train peer support team members to
provide peer support services for matters that include:
(1) substance use and substance abuse;
(2) critical incident stress;
(3) grief support;
(4) line of duty deaths;
(5) serious injury or illness;
(6) suicidal thoughts; and
(7) workplace issues.
SECTION 4. [NEW MATERIAL] CONFIDENTIALITY OF PEER SUPPORT
SERVICES.--
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A. All communications between emergency service
providers and peer support team members are confidential if
they are made while the peer support team member is providing
peer support services. An emergency service provider has the
right to refuse to disclose a confidential communication in all
civil, administrative or arbitration proceedings, whether or
not the emergency service provider is a party to the
litigation.
B. Notwithstanding the provisions of Subsection A
of this section, a confidential communication may be disclosed
if:
(1) a peer support team member is referring an
emergency service provider to, or consulting with, another peer
support team member;
(2) a peer support team member reasonably
believes that disclosure is necessary to prevent death,
substantial bodily harm or commission of a crime;
(3) the disclosure is made pursuant to a court
order in a civil proceeding; or
(4) the emergency service provider expressly
agrees in writing that the confidential communication may be
disclosed.
C. If a confidential communication is disclosed
pursuant to Paragraph (1), (2) or (3) of Subsection B of this
section, the peer support team member making the disclosure
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shall notify the emergency service provider of the disclosure
in writing.
SECTION 5. [NEW MATERIAL] LIMITED LIABILITY FOR PEER
SUPPORT SERVICES PROVIDED BY PEER SUPPORT TEAM MEMBERS.--Except
in actions for medical malpractice, a peer support team member
who provides peer support services, and the public fire agency
that employs the peer support team member, shall not be liable
for damages, including personal injury, wrongful death,
property damage or other loss related to an act, error or
omission in performing peer support services, unless the act,
error or omission constitutes a failure to exercise ordinary
care; provided that the liability shall be subject to the Tort
Claims Act.
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