Confidentiality; peer support for emergency service providers
18 V.S.A. § 7257c
in effect7257c. Confidentiality; peer support for emergency service providers
(a) As used in this section:
(1)(A) “Emergency service peer support specialist” means an individual who:
(i) has been designated by an employer to serve as a member of an employer-based peer support program or designated by a peer support program to act as a peer support resource;
(ii) has received training in providing peer support to emergency service providers who have been involved in potentially traumatizing events by reason of their employment or volunteer service; or
(iii) is otherwise a member of an organized and recognized Vermont peer support program.
(B) “Emergency service peer support specialist” shall not be construed to have the same meaning as a “certified peer support provider” defined pursuant to 26 V.S.A. § 3191.
(2) “Emergency service provider” means an individual:
(A) currently recognized by a Vermont fire department as a firefighter;
(B) currently licensed by the Department of Health as an emergency medical technician, an emergency medical responder, an advanced emergency medical technician, or a paramedic;
(C) currently certified as a law enforcement officer by the Vermont Criminal Justice Council, including constables and sheriffs;
(D) currently employed by the Department of Corrections as a probation, parole, or correctional facility officer;
(E) currently certified by the Vermont Enhanced 911 Board as a 911 call taker or employed as an emergency communications dispatcher providing service for an emergency service provider organization;
(F) currently registered as a ski patroller at a Vermont ski resort with the National Ski Patrol or Professional Ski Patrol Association;
(G) currently working as a mental health professional in a crisis setting who is licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to 26 V.S.A. chapter 23 or 33; an advanced practice registered nurse specializing in psychiatric mental health pursuant to 26 V.S.A. chapter 28; a psychologist pursuant to 26 V.S.A. chapter 55; a peer support provider or peer recovery support specialist pursuant to 26 V.S.A. chapter 60; a social worker pursuant to 26 V.S.A. chapter 61; an alcohol and drug abuse counselor pursuant to 26 V.S.A. chapter 62; a clinical mental health counselor pursuant to 26 V.S.A. chapter 65; a marriage and family therapist pursuant to 26 V.S.A. chapter 76; a psychoanalyst pursuant to 26 V.S.A. chapter 77; an applied behavior analyst pursuant to 26 V.S.A. chapter 95; or a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services; or
(H) currently serving as a medical examiner or assistant medical examiner as appointed by the Chief Medical Examiner.
(3) “Employer” means an entity that employs or oversees emergency service providers working in a paid or volunteer capacity.
(4) “Peer support communication” means an oral or written communication made in the course of a peer support session; a note or report arising out of a peer support session; or a record of a peer support session.
(5) “Peer support program” means a program to provide support services to emergency service providers working in a paid or volunteer capacity.
(6) “Peer support session” means an individual or group peer support session provided by a peer support specialist for emergency service providers who have been involved in a potentially traumatizing event or are suffering from cumulative or chronic emotional stress by reason of their employment or volunteer service or related to other personal matters.
(b)(1) Except as provided in subsection (d) of this section:
(A) any peer support communication made by a participant in a peer support session of a peer support program led by an emergency service peer support specialist shall not be disclosed by any individual participating in the peer support session; and
(B) any peer support communication relating to a peer support session led by an emergency service peer support specialist between the emergency service peer support specialist and another staff member of the peer support program or between staff members of a peer support program shall not be disclosed by any individual participating in the peer support communication.
(2) Written peer support communications are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The Public Records Act exemptions created in this section shall not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records Act exemptions).
(c) Except as provided by subsection (d) of this section, any peer support communication made by a participant or emergency service peer support specialist in a peer support session led by an emergency service peer support specialist shall not be admissible in a judicial, administrative, or arbitration proceeding, including during any discovery conducted as part of an adjudicatory proceeding. Limitations on disclosure imposed by this subsection shall not include knowledge acquired by an emergency service provider from observations made during the course of employment or volunteer service or information acquired by the emergency service provider during the course of employment or volunteer service that is otherwise subject to discovery or introduction into evidence.
(d)(1) Confidentiality protections described in subsections (b) and (c) of this section shall not apply to the following information as it pertains to an individual designated to receive such information in the normal course of the individual’s professional responsibilities:
(A) any threat of suicide or homicide made by a participant of a peer support session or any information conveyed in a peer support session relating to a threat of suicide or homicide;
(B) any information relating to the abuse of a child or vulnerable adult or other information that is required to be reported by law;
(C) any admission of conduct likely to pose a risk to public safety; or
(D) any admission of a plan to commit a crime.
(2) Nothing in this section shall prohibit:
(A) any communications between emergency service peer support specialists regarding a peer support session or between an emergency service peer support specialist and another staff member of a peer support program; and
(B) an emergency service peer support specialist or an emergency service provider participating in a peer support session from disclosing personal experiences or emotions discussed during the peer support session to the extent that such a disclosure is consistent with the participant’s obligations under the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, and its associated regulations.
(e) An employer, emergency service peer support specialist, or peer support program shall not be subject to civil liability for any injuries or damages arising from the provision of peer support services or for any disclosure made in violation of this section by an emergency service provider who participates in a peer support session unless the conduct of the employer, emergency service peer support specialist, or peer support program constitutes gross negligence, recklessness, or intentional misconduct.
Added 2025, No. 105 (Adj. Sess.), § 1, eff. July 1, 2026.
Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/section/18/174/07257cFetched: 10/21/2026