Vermont 2025-2026 Regular Session

Vermont House Bill H0270 Compare Versions

Only one version of the bill is available at this time.
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11 BILL AS INTRODUCED H.270
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55 VT LEG #380013 v.3
66 H.270 1
77 Introduced by Representatives Krasnow of South Burlington, Burtt of Cabot, 2
88 Carris-Duncan of Whitingham, Coffin of Cavendish, Dodge of 3
99 Essex, Dolgin of St. Johnsbury, Graning of Jericho, Howard of 4
1010 Rutland City, Kleppner of Burlington, Labor of Morgan, 5
1111 LaMont of Morristown, Luneau of St. Albans City, McCann of 6
1212 Montpelier, McGill of Bridport, Minier of South Burlington, 7
1313 Nugent of South Burlington, Olson of Starksboro, Pouech of 8
1414 Hinesburg, Priestley of Bradford, Rachelson of Burlington, and 9
1515 Wells of Brownington 10
1616 Referred to Committee on 11
1717 Date: 12
1818 Subject: Health; mental health; emergency service providers; peer support 13
1919 counseling; confidentiality 14
2020 Statement of purpose of bill as introduced: This bill proposes to require that 15
2121 communications made during the course of emergency service provider peer 16
2222 support counseling remain confidential. 17
2323 An act relating to confidentiality for peer support counseling among 18
2424 emergency service providers 19 BILL AS INTRODUCED H.270
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2828 VT LEG #380013 v.3
2929 It is hereby enacted by the General Assembly of the State of Vermont: 1
3030 Sec. 1. 18 V.S.A. § 7257c is added to read: 2
3131 § 7257c. CONFIDENTIALITY; PEER SUPPORT COUNSELING FOR 3
3232 EMERGENCY SERVICE PROVIDERS 4
3333 (a) As used in this section: 5
3434 (1) “Critical incident stress management program” means a program 6
3535 established by the employer of emergency service providers to provide 7
3636 counseling or support services to emergency service providers working in a 8
3737 paid or volunteer capacity. 9
3838 (2) “Emergency service provider” means an individual: 10
3939 (A) currently recognized by a Vermont fire department as a 11
4040 firefighter; 12
4141 (B) currently licensed by the Department of Health as an emergency 13
4242 medical technician, an emergency medical responder, an advanced emergency 14
4343 medical technician, or a paramedic; 15
4444 (C) currently certified as a law enforcement officer by the Vermont 16
4545 Criminal Justice Council, including constables and sheriffs; 17
4646 (D) currently employed by the Department of Corrections as a 18
4747 probation, parole, or correctional facility officer; 19 BILL AS INTRODUCED H.270
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5252 (E) currently certified by the Vermont Enhanced 911 Board as a 911 1
5353 call taker or employed as an emergency communications dispatcher providing 2
5454 service for an emergency service provider organization; or 3
5555 (F) currently registered as a ski patroller at a Vermont ski resort with 4
5656 the National Ski Patrol or Professional Ski Patrol Association. 5
5757 (3) “Employer” means an entity that employs or oversees emergency 6
5858 service providers working in a paid or volunteer capacity, including a State or 7
5959 local agency, such as a county sheriff, municipal police department, Vermont 8
6060 State Police, or any State or local public body that employs or oversees 9
6161 volunteer emergency service providers. 10
6262 (4) “Peer support counseling session” means a critical incident stress 11
6363 management program session for emergency service providers who have been 12
6464 involved in a traumatic incident by reason of their employment or volunteer 13
6565 service. 14
6666 (b)(1) Except as provided in subsection (d) of this section, any 15
6767 communication made by a participant or counselor in a peer support 16
6868 counseling session of a critical incident stress management program 17
6969 established by an employer of emergency service providers, including any oral 18
7070 or written information conveyed during a peer support counseling session, 19
7171 shall not be disclosed by any individual participating in the peer counseling 20
7272 session. 21 BILL AS INTRODUCED H.270
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7676 VT LEG #380013 v.3
7777 (2) Except as provided by subsection (d) of this section, any 1
7878 communication relating to a peer support counseling session between 2
7979 counselors, between counselors and other staff members of a critical incident 3
8080 stress management program, or between staff members of a critical incident 4
8181 stress management program, including any oral or written information, shall 5
8282 not be disclosed by any individual participating in the communication. 6
8383 (3) Written communications described in this subsection, such as notes, 7
8484 records, and reports related to a peer counseling session, are exempt from 8
8585 public inspection and copying under the Public Records Act and shall be kept 9
8686 confidential. The Public Records Act exemptions created in this section shall 10
8787 not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records 11
8888 Act exemptions). 12
8989 (c) Except as provided by subsection (d) of this section, any 13
9090 communication made by a participant or counselor in a peer support 14
9191 counseling session, including any oral or written communication, such as 15
9292 notes, records, and reports related to the peer counseling session, shall not be 16
9393 admissible in a judicial, administrative, or arbitration proceeding. Limitations 17
9494 on disclosure imposed by this subsection include disclosure during any 18
9595 discovery conducted as part of an adjudicatory proceeding. Limitations on 19
9696 disclosure imposed by this subsection shall not include knowledge acquired by 20
9797 an emergency service provider from observations made during the course of 21 BILL AS INTRODUCED H.270
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102102 employment or volunteer service or information acquired by the emergency 1
103103 service provider during the course of employment or volunteer service that is 2
104104 otherwise subject to discovery or introduction into evidence. 3
105105 (d)(1) Confidentiality protections described in subsections (b) and (c) of 4
106106 this section shall only apply to a peer support counseling session conducted by 5
107107 an individual who has: 6
108108 (A) been designated by an employer or a critical incident stress 7
109109 management program to act as a counselor; and 8
110110 (B) received training in counseling and providing emotional and 9
111111 moral support to emergency service providers who have been involved in 10
112112 emotionally traumatic incidents by reason of their employment or volunteer 11
113113 service. 12
114114 (2) Confidentiality protections described in subsections (b) and (c) of 13
115115 this section shall not apply to the following information as it pertains to an 14
116116 individual designated to receive such information in the normal course the 15
117117 individual’s professional responsibilities: 16
118118 (A) any threat of suicide or homicide made by a participant of a peer 17
119119 support counseling session or any information conveyed in a peer support 18
120120 counseling session relating to a threat of suicide or homicide; 19
121121 (B) any information relating to the abuse of a child or vulnerable 20
122122 adult or other information that is required to be reported by law; 21 BILL AS INTRODUCED H.270
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127127 (C) any admission of criminal conduct; or 1
128128 (D) any admission of a plan to commit a crime. 2
129129 (e) Nothing in this section shall prohibit any communications between 3
130130 counselors regarding a peer support counseling session or between counselors 4
131131 and other staff members of a critical incident stress management program. 5
132132 (f) An employer shall not be liable for any disclosure made in violation of 6
133133 this section by an emergency service provider who participates in a peer 7
134134 support counseling session. 8
135135 Sec. 2. EFFECTIVE DATE 9
136136 This act shall take effect on July 1, 2025. 10