BILL AS INTRODUCED H.270
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H.270 1
Introduced by Representatives Krasnow of South Burlington, Burtt of Cabot, 2
Carris-Duncan of Whitingham, Coffin of Cavendish, Dodge of 3
Essex, Dolgin of St. Johnsbury, Graning of Jericho, Howard of 4
Rutland City, Kleppner of Burlington, Labor of Morgan, 5
LaMont of Morristown, Luneau of St. Albans City, McCann of 6
Montpelier, McGill of Bridport, Minier of South Burlington, 7
Nugent of South Burlington, Olson of Starksboro, Pouech of 8
Hinesburg, Priestley of Bradford, Rachelson of Burlington, and 9
Wells of Brownington 10
Referred to Committee on 11
Date: 12
Subject: Health; mental health; emergency service providers; peer support 13
counseling; confidentiality 14
Statement of purpose of bill as introduced: This bill proposes to require that 15
communications made during the course of emergency service provider peer 16
support counseling remain confidential. 17
An act relating to confidentiality for peer support counseling among 18
emergency service providers 19 BILL AS INTRODUCED H.270
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VT LEG #380013 v.3
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 18 V.S.A. § 7257c is added to read: 2
§ 7257c. CONFIDENTIALITY; PEER SUPPORT COUNSELING FOR 3
EMERGENCY SERVICE PROVIDERS 4
(a) As used in this section: 5
(1) “Critical incident stress management program” means a program 6
established by the employer of emergency service providers to provide 7
counseling or support services to emergency service providers working in a 8
paid or volunteer capacity. 9
(2) “Emergency service provider” means an individual: 10
(A) currently recognized by a Vermont fire department as a 11
firefighter; 12
(B) currently licensed by the Department of Health as an emergency 13
medical technician, an emergency medical responder, an advanced emergency 14
medical technician, or a paramedic; 15
(C) currently certified as a law enforcement officer by the Vermont 16
Criminal Justice Council, including constables and sheriffs; 17
(D) currently employed by the Department of Corrections as a 18
probation, parole, or correctional facility officer; 19 BILL AS INTRODUCED H.270
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(E) currently certified by the Vermont Enhanced 911 Board as a 911 1
call taker or employed as an emergency communications dispatcher providing 2
service for an emergency service provider organization; or 3
(F) currently registered as a ski patroller at a Vermont ski resort with 4
the National Ski Patrol or Professional Ski Patrol Association. 5
(3) “Employer” means an entity that employs or oversees emergency 6
service providers working in a paid or volunteer capacity, including a State or 7
local agency, such as a county sheriff, municipal police department, Vermont 8
State Police, or any State or local public body that employs or oversees 9
volunteer emergency service providers. 10
(4) “Peer support counseling session” means a critical incident stress 11
management program session for emergency service providers who have been 12
involved in a traumatic incident by reason of their employment or volunteer 13
service. 14
(b)(1) Except as provided in subsection (d) of this section, any 15
communication made by a participant or counselor in a peer support 16
counseling session of a critical incident stress management program 17
established by an employer of emergency service providers, including any oral 18
or written information conveyed during a peer support counseling session, 19
shall not be disclosed by any individual participating in the peer counseling 20
session. 21 BILL AS INTRODUCED H.270
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(2) Except as provided by subsection (d) of this section, any 1
communication relating to a peer support counseling session between 2
counselors, between counselors and other staff members of a critical incident 3
stress management program, or between staff members of a critical incident 4
stress management program, including any oral or written information, shall 5
not be disclosed by any individual participating in the communication. 6
(3) Written communications described in this subsection, such as notes, 7
records, and reports related to a peer counseling session, are exempt from 8
public inspection and copying under the Public Records Act and shall be kept 9
confidential. The Public Records Act exemptions created in this section shall 10
not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records 11
Act exemptions). 12
(c) Except as provided by subsection (d) of this section, any 13
communication made by a participant or counselor in a peer support 14
counseling session, including any oral or written communication, such as 15
notes, records, and reports related to the peer counseling session, shall not be 16
admissible in a judicial, administrative, or arbitration proceeding. Limitations 17
on disclosure imposed by this subsection include disclosure during any 18
discovery conducted as part of an adjudicatory proceeding. Limitations on 19
disclosure imposed by this subsection shall not include knowledge acquired by 20
an emergency service provider from observations made during the course of 21 BILL AS INTRODUCED H.270
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employment or volunteer service or information acquired by the emergency 1
service provider during the course of employment or volunteer service that is 2
otherwise subject to discovery or introduction into evidence. 3
(d)(1) Confidentiality protections described in subsections (b) and (c) of 4
this section shall only apply to a peer support counseling session conducted by 5
an individual who has: 6
(A) been designated by an employer or a critical incident stress 7
management program to act as a counselor; and 8
(B) received training in counseling and providing emotional and 9
moral support to emergency service providers who have been involved in 10
emotionally traumatic incidents by reason of their employment or volunteer 11
service. 12
(2) Confidentiality protections described in subsections (b) and (c) of 13
this section shall not apply to the following information as it pertains to an 14
individual designated to receive such information in the normal course the 15
individual’s professional responsibilities: 16
(A) any threat of suicide or homicide made by a participant of a peer 17
support counseling session or any information conveyed in a peer support 18
counseling session relating to a threat of suicide or homicide; 19
(B) any information relating to the abuse of a child or vulnerable 20
adult or other information that is required to be reported by law; 21 BILL AS INTRODUCED H.270
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(C) any admission of criminal conduct; or 1
(D) any admission of a plan to commit a crime. 2
(e) Nothing in this section shall prohibit any communications between 3
counselors regarding a peer support counseling session or between counselors 4
and other staff members of a critical incident stress management program. 5
(f) An employer shall not be liable for any disclosure made in violation of 6
this section by an emergency service provider who participates in a peer 7
support counseling session. 8
Sec. 2. EFFECTIVE DATE 9
This act shall take effect on July 1, 2025. 10