HB 5086: Relating to peer support services - West Virginia

hb5086 s hhr am _ 3-9 adopted.htm → hb5086 sfat helton _ 3-11 adopted.htm · 4 edits

MODERATE

The bill's title was updated to reflect a comprehensive expansion of its scope, now covering peer support programs, new definitions, standards, and specific protections against licensure discipline. The amendment process shifted from a committee-level technical edit to a full Senate floor amendment introducing substantive new content. These changes matter because they establish a formal legal framework for peer support roles and create new exemptions for licensees participating in professional health programs.

Scope change

The bill's scope expanded significantly from a minor committee amendment to a full legislative overhaul that adds new articles to the code, defines peer support programs, and establishes new privileges and exemptions.

SCOPE

Added a new title describing the bill as relating to peer support programs, defining terms, establishing standards, and creating testimonial privileges.

REQUIREMENT

Removed specific instructions to strike out paragraphs (D) and (E) regarding counseling and therapy, as these were replaced by the broader new title.

Added a provision prohibiting boards from requesting certain information and allowing for privileged communications.

TECHNICAL

Changed the bill identifier from 'S HHR AM # 3-9' to 'SFAT Helton # 3-11', indicating a shift from a House committee amendment to a Senate floor amendment.

Committee Substitute → hb5086 s hhr am _ 3-9 adopted.htm · 1 edit

MINOR

The document provided is a legislative amendment record showing that the Committee on Health and Human Resources voted to reject the proposed bill (HB 5086). Consequently, no substantive policy changes were made to the text of the bill, and the provisions regarding peer support programs and caregiver definitions remain as originally drafted in the 'Committee Substitute' version.

Scope change

No change; the bill was rejected by the committee and did not advance.

ELIGIBILITY

The entire proposed bill text, which would have established peer support programs and defined covered caregivers, was removed because the committee rejected the measure.

Enrolled Committee Substitute → Committee Substitute · 3 edits

MINOR

The bill was converted from a formal 'Enrolled' version into a draft 'Committee Substitute' version, which includes updated legislative metadata and a new section establishing a testimonial privilege for peer support team members. This privilege prevents these team members from being forced to testify about confidential communications, with specific exceptions for imminent danger or criminal acts.

Scope change

The bill's scope expanded by adding a new section (§57-3-11) that creates a legal privilege protecting peer support communications from being used as evidence in court proceedings.

ENFORCEMENT

Added a new section (§57-3-11) granting testimonial privilege to peer support team members, protecting their confidential communications from being compelled in legal testimony.

DEFINITION

The definitions section was reorganized and slightly altered in formatting; notably, the list of covered professions was reordered, placing 'first responders' in a different position within the list compared to the enrolled version.

TECHNICAL

The document header changed from 'Enrolled' to 'Committee Substitute,' indicating the bill is in a revised draft stage rather than its final passed form, and includes new website navigation elements.

Engrossed Committee Substitute → Enrolled Committee Substitute · 4 edits · Apr 1, 2026

MODERATE

The bill was finalized as an enrolled version, confirming its passage and setting an effective date 90 days after March 14, 2026. The core policy content regarding peer support teams remains largely unchanged, but the text was cleaned of website navigation artifacts and formatting errors present in the previous committee draft. Additionally, the definition of 'Covered caregiver' was slightly reorganized to list first responders in a new subsection (F) while maintaining the original list of medical professionals.

Scope change

The scope of the bill remains the same, covering peer support programs for licensed healthcare professionals and first responders. The applicability is now formally established as law.

TECHNICAL

Removed website navigation links, headers, and footer text that were accidentally included in the previous draft version.

DEFINITION

Reorganized the list of professions included in the 'Covered caregiver' definition, moving first responders to a new subsection (F) and renumbering subsequent items.

TIMELINE

Added specific dates indicating the bill passed on March 14, 2026, and will take effect 90 days later on June 12, 2026.

ENFORCEMENT

Included certification signatures from the Clerks of the House and Senate and the Governor, formalizing the bill as an enrolled act.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was significantly rewritten to expand its scope from law enforcement and first responders to include licensed healthcare professionals (doctors, nurses, social workers, etc.). It updated the definition of 'peer support' to include nonclinical assistance and reduced the required training hours from 16 to 8. Crucially, it added protections preventing licensing boards from disciplining professionals solely for seeking mental health treatment or peer support.

Scope change

The bill's scope expanded from exclusively law enforcement and emergency service personnel to include a broad range of licensed healthcare professionals and caregivers.

ELIGIBILITY

Expanded eligibility to include licensed medical doctors, nurses, psychologists, social workers, and other healthcare professionals, in addition to law enforcement and firefighters.

REQUIREMENT

Reduced the mandatory initial peer support training requirement from 16 hours to 8 hours.

Changed the training requirement to include quarterly refreshers and specified new topics like conflict resolution and local resource identification.

DEFINITION

Added a new definition for 'covered caregiver' to explicitly include various licensed medical and mental health professions.

ENFORCEMENT

Added provisions prohibiting state licensing boards from disciplining professionals or requiring disclosure of their participation in peer support or mental health treatment.

Relating to peer support services

What changed between versions

How they voted

Actions timeline

Sponsors