1 | 1 | | BILL AS INTRODUCED H.270 |
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2 | 2 | | 2025 Page 1 of 6 |
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4 | 4 | | |
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5 | 5 | | VT LEG #380013 v.3 |
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6 | 6 | | H.270 1 |
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7 | 7 | | Introduced by Representatives Krasnow of South Burlington, Burtt of Cabot, 2 |
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8 | 8 | | Carris-Duncan of Whitingham, Coffin of Cavendish, Dodge of 3 |
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9 | 9 | | Essex, Dolgin of St. Johnsbury, Graning of Jericho, Howard of 4 |
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10 | 10 | | Rutland City, Kleppner of Burlington, Labor of Morgan, 5 |
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11 | 11 | | LaMont of Morristown, Luneau of St. Albans City, McCann of 6 |
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12 | 12 | | Montpelier, McGill of Bridport, Minier of South Burlington, 7 |
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13 | 13 | | Nugent of South Burlington, Olson of Starksboro, Pouech of 8 |
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14 | 14 | | Hinesburg, Priestley of Bradford, Rachelson of Burlington, and 9 |
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15 | 15 | | Wells of Brownington 10 |
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16 | 16 | | Referred to Committee on 11 |
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17 | 17 | | Date: 12 |
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18 | 18 | | Subject: Health; mental health; emergency service providers; peer support 13 |
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19 | 19 | | counseling; confidentiality 14 |
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20 | 20 | | Statement of purpose of bill as introduced: This bill proposes to require that 15 |
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21 | 21 | | communications made during the course of emergency service provider peer 16 |
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22 | 22 | | support counseling remain confidential. 17 |
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23 | 23 | | An act relating to confidentiality for peer support counseling among 18 |
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24 | 24 | | emergency service providers 19 BILL AS INTRODUCED H.270 |
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25 | 25 | | 2025 Page 2 of 6 |
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28 | 28 | | VT LEG #380013 v.3 |
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29 | 29 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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30 | 30 | | Sec. 1. 18 V.S.A. § 7257c is added to read: 2 |
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31 | 31 | | § 7257c. CONFIDENTIALITY; PEER SUPPORT COUNSELING FOR 3 |
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32 | 32 | | EMERGENCY SERVICE PROVIDERS 4 |
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33 | 33 | | (a) As used in this section: 5 |
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34 | 34 | | (1) “Critical incident stress management program” means a program 6 |
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35 | 35 | | established by the employer of emergency service providers to provide 7 |
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36 | 36 | | counseling or support services to emergency service providers working in a 8 |
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37 | 37 | | paid or volunteer capacity. 9 |
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38 | 38 | | (2) “Emergency service provider” means an individual: 10 |
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39 | 39 | | (A) currently recognized by a Vermont fire department as a 11 |
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40 | 40 | | firefighter; 12 |
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41 | 41 | | (B) currently licensed by the Department of Health as an emergency 13 |
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42 | 42 | | medical technician, an emergency medical responder, an advanced emergency 14 |
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43 | 43 | | medical technician, or a paramedic; 15 |
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44 | 44 | | (C) currently certified as a law enforcement officer by the Vermont 16 |
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45 | 45 | | Criminal Justice Council, including constables and sheriffs; 17 |
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46 | 46 | | (D) currently employed by the Department of Corrections as a 18 |
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47 | 47 | | probation, parole, or correctional facility officer; 19 BILL AS INTRODUCED H.270 |
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48 | 48 | | 2025 Page 3 of 6 |
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51 | 51 | | VT LEG #380013 v.3 |
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52 | 52 | | (E) currently certified by the Vermont Enhanced 911 Board as a 911 1 |
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53 | 53 | | call taker or employed as an emergency communications dispatcher providing 2 |
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54 | 54 | | service for an emergency service provider organization; or 3 |
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55 | 55 | | (F) currently registered as a ski patroller at a Vermont ski resort with 4 |
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56 | 56 | | the National Ski Patrol or Professional Ski Patrol Association. 5 |
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57 | 57 | | (3) “Employer” means an entity that employs or oversees emergency 6 |
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58 | 58 | | service providers working in a paid or volunteer capacity, including a State or 7 |
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59 | 59 | | local agency, such as a county sheriff, municipal police department, Vermont 8 |
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60 | 60 | | State Police, or any State or local public body that employs or oversees 9 |
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61 | 61 | | volunteer emergency service providers. 10 |
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62 | 62 | | (4) “Peer support counseling session” means a critical incident stress 11 |
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63 | 63 | | management program session for emergency service providers who have been 12 |
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64 | 64 | | involved in a traumatic incident by reason of their employment or volunteer 13 |
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65 | 65 | | service. 14 |
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66 | 66 | | (b)(1) Except as provided in subsection (d) of this section, any 15 |
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67 | 67 | | communication made by a participant or counselor in a peer support 16 |
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68 | 68 | | counseling session of a critical incident stress management program 17 |
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69 | 69 | | established by an employer of emergency service providers, including any oral 18 |
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70 | 70 | | or written information conveyed during a peer support counseling session, 19 |
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71 | 71 | | shall not be disclosed by any individual participating in the peer counseling 20 |
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72 | 72 | | session. 21 BILL AS INTRODUCED H.270 |
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76 | 76 | | VT LEG #380013 v.3 |
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77 | 77 | | (2) Except as provided by subsection (d) of this section, any 1 |
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78 | 78 | | communication relating to a peer support counseling session between 2 |
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79 | 79 | | counselors, between counselors and other staff members of a critical incident 3 |
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80 | 80 | | stress management program, or between staff members of a critical incident 4 |
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81 | 81 | | stress management program, including any oral or written information, shall 5 |
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82 | 82 | | not be disclosed by any individual participating in the communication. 6 |
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83 | 83 | | (3) Written communications described in this subsection, such as notes, 7 |
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84 | 84 | | records, and reports related to a peer counseling session, are exempt from 8 |
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85 | 85 | | public inspection and copying under the Public Records Act and shall be kept 9 |
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86 | 86 | | confidential. The Public Records Act exemptions created in this section shall 10 |
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87 | 87 | | not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records 11 |
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88 | 88 | | Act exemptions). 12 |
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89 | 89 | | (c) Except as provided by subsection (d) of this section, any 13 |
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90 | 90 | | communication made by a participant or counselor in a peer support 14 |
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91 | 91 | | counseling session, including any oral or written communication, such as 15 |
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92 | 92 | | notes, records, and reports related to the peer counseling session, shall not be 16 |
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93 | 93 | | admissible in a judicial, administrative, or arbitration proceeding. Limitations 17 |
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94 | 94 | | on disclosure imposed by this subsection include disclosure during any 18 |
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95 | 95 | | discovery conducted as part of an adjudicatory proceeding. Limitations on 19 |
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96 | 96 | | disclosure imposed by this subsection shall not include knowledge acquired by 20 |
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97 | 97 | | an emergency service provider from observations made during the course of 21 BILL AS INTRODUCED H.270 |
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98 | 98 | | 2025 Page 5 of 6 |
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101 | 101 | | VT LEG #380013 v.3 |
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102 | 102 | | employment or volunteer service or information acquired by the emergency 1 |
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103 | 103 | | service provider during the course of employment or volunteer service that is 2 |
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104 | 104 | | otherwise subject to discovery or introduction into evidence. 3 |
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105 | 105 | | (d)(1) Confidentiality protections described in subsections (b) and (c) of 4 |
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106 | 106 | | this section shall only apply to a peer support counseling session conducted by 5 |
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107 | 107 | | an individual who has: 6 |
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108 | 108 | | (A) been designated by an employer or a critical incident stress 7 |
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109 | 109 | | management program to act as a counselor; and 8 |
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110 | 110 | | (B) received training in counseling and providing emotional and 9 |
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111 | 111 | | moral support to emergency service providers who have been involved in 10 |
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112 | 112 | | emotionally traumatic incidents by reason of their employment or volunteer 11 |
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113 | 113 | | service. 12 |
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114 | 114 | | (2) Confidentiality protections described in subsections (b) and (c) of 13 |
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115 | 115 | | this section shall not apply to the following information as it pertains to an 14 |
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116 | 116 | | individual designated to receive such information in the normal course the 15 |
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117 | 117 | | individual’s professional responsibilities: 16 |
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118 | 118 | | (A) any threat of suicide or homicide made by a participant of a peer 17 |
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119 | 119 | | support counseling session or any information conveyed in a peer support 18 |
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120 | 120 | | counseling session relating to a threat of suicide or homicide; 19 |
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121 | 121 | | (B) any information relating to the abuse of a child or vulnerable 20 |
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122 | 122 | | adult or other information that is required to be reported by law; 21 BILL AS INTRODUCED H.270 |
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126 | 126 | | VT LEG #380013 v.3 |
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127 | 127 | | (C) any admission of criminal conduct; or 1 |
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128 | 128 | | (D) any admission of a plan to commit a crime. 2 |
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129 | 129 | | (e) Nothing in this section shall prohibit any communications between 3 |
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130 | 130 | | counselors regarding a peer support counseling session or between counselors 4 |
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131 | 131 | | and other staff members of a critical incident stress management program. 5 |
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132 | 132 | | (f) An employer shall not be liable for any disclosure made in violation of 6 |
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133 | 133 | | this section by an emergency service provider who participates in a peer 7 |
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134 | 134 | | support counseling session. 8 |
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135 | 135 | | Sec. 2. EFFECTIVE DATE 9 |
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136 | 136 | | This act shall take effect on July 1, 2025. 10 |
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