An act relating to confidentiality in peer support sessions for emergency service providers

The official version includes introductory metadata (sponsors, committee referral, subject line, statement of purpose) that is absent from the unofficial version.

The official version displays the bill as originally introduced with 'critical incident stress management program' terminology alongside the final amended text; the unofficial version shows only the final 'peer support' language.

Header year changed from 2025 to 2026 and page count reduced from 12 to 6 pages, reflecting the removal of the original introduced text and metadata.

The definition of 'emergency service provider' was narrowed by removing two categories: (G) mental health professionals working in crisis settings and (H) medical examiners/assistant medical examiners. The bill now covers only firefighters, EMTs/paramedics, law enforcement, corrections officers, 911 dispatchers, and ski patrol members.

The 'employer' definition was expanded to explicitly include State and local agencies such as county sheriffs, municipal police departments, Vermont State Police, and any State or local public body that employs or oversees volunteer emergency service providers.

The bill was restructured around a new defined term 'critical incident stress management program' (an employer-established program providing counseling to emergency service providers). The term 'peer support session' was replaced with 'peer support counseling session,' which is narrower - limited to sessions for those involved in a traumatic incident by reason of employment, removing coverage for cumulative/chronic stress and personal matters.

The detailed three-part definition of 'emergency service peer support specialist' was removed. In its place, subsection (d)(1) requires that confidentiality only applies when the counselor has been designated by an employer or CISMP AND received training in counseling and providing emotional and moral support to providers involved in emotionally traumatic incidents.

The exception for non-confidential information was broadened: the original excluded 'any admission of conduct likely to pose a risk to public safety' while the amended version excludes 'any admission of criminal conduct.' This significantly expands what can be disclosed from sessions - any criminal admission is now outside the confidentiality protection, not just those posing a public safety risk.

The HIPAA carve-out was removed. The original allowed participants and specialists to disclose personal experiences or emotions discussed during sessions to the extent consistent with HIPAA obligations. This provision does not appear in the amended version.

The civil liability provision was dramatically simplified and narrowed. The original provided broad immunity for employers, specialists, and programs against civil liability unless conduct constituted gross negligence, recklessness, or intentional misconduct. The amended version only states that an employer shall not be liable for a disclosure made in violation of the section by a participating emergency service provider - removing the broader immunity framework.

The effective date was changed from July 1, 2026 to July 1, 2025, moving the bill into force one year earlier.

Two new categories of 'emergency service provider' were added: (G) mental health professionals working in a crisis setting who are licensed, certified, or rostered to provide mental health services (including counselors, psychologists, peer support providers, social workers, alcohol and drug abuse counselors, clinical mental health counselors, marriage and family therapists, psychoanalysts, applied behavior analysts, and nonlicensed/noncertified psychotherapists), and (H) medical examiners or assistant medical examiners appointed by the Chief Medical Examiner.

The bill title and section heading were changed from 'peer support counseling' to 'peer support,' removing the word 'counseling' to align with the broader terminology used in the enacted text.

The term 'critical incident stress management program' was replaced throughout with 'peer support program,' defined more broadly as 'a program to provide support services to emergency service providers working in a paid or volunteer capacity.' The specific reference to traumatic incidents in the session definition was removed.

The definition of 'employer' was simplified by removing the illustrative list of state and local agencies (county sheriff, municipal police department, Vermont State Police, etc.) and retaining only the general language 'an entity that employs or oversees emergency service providers working in a paid or volunteer capacity.'

The confidentiality exception for disclosures was narrowed: subsection (d)(2)(C) changed from 'any admission of criminal conduct' to 'any admission of conduct likely to pose a risk to public safety,' meaning peer support communications containing admissions of criminal conduct that do not pose a public safety risk would now remain confidential.

The effective date was changed from July 1, 2025 to July 1, 2026.

The social worker licensing chapter reference was corrected from '26 V.S.A. chapter 6' to '26 V.S.A. chapter 61.'

The definition of 'emergency service provider' was expanded to include (G) mental health professionals working in crisis settings (physicians, psychologists, social workers, peer support providers, counselors, therapists, psychoanalysts, applied behavior analysts, and nonlicensed/noncertified psychotherapists) and (H) medical examiners or assistant medical examiners appointed by the Chief Medical Examiner.

The confidentiality protections in subsection (b) were restructured to explicitly cover both participant communications in sessions led by a peer support specialist AND inter-staff communications between the specialist and other program staff members, broadening coverage beyond just the session itself.

The term 'critical incident stress management program' was removed and replaced with new defined terms: 'peer support program,' 'peer support session,' 'peer support communication,' and 'emergency service peer support specialist.' The new 'peer support session' definition is broader, covering not just traumatic incidents but also cumulative or chronic emotional stress and personal matters.

The exception for criminal conduct was narrowed: the introduced version exempted 'any admission of criminal conduct' from confidentiality, while the passed version limits this to 'any admission of conduct likely to pose a risk to public safety,' meaning admissions of criminal conduct that do not pose a public safety risk remain confidential.

A new subsection (d)(2) was added explicitly permitting communications between peer support specialists about a session and allowing participants to disclose personal experiences or emotions consistent with their HIPAA obligations.

The civil liability immunity provision was substantially expanded. The introduced version only shielded employers from liability for disclosures by participants. The passed version shields employers, peer support specialists, AND peer support programs from civil liability for both injuries arising from the provision of peer support services generally and for participant disclosures, with a new carve-out that removes immunity if the conduct constitutes gross negligence, recklessness, or intentional misconduct.

The effective date was changed from July 1, 2025 to July 1, 2026.