Relating to peer support services
HB5086 creates a new framework in West Virginia law for peer support programs serving “covered caregivers,” including physicians, nurses, physician assistants, psychologists, counselors, social workers, pharmacists, chaplains, first responders, and certain other licensed or certified health professionals designated by a hospital. The bill defines peer support services and peer support teams, and it sets minimum training standards for team members who want the bill’s testimonial privilege to apply. It also allows employers or organizations to designate qualified clinical advisors to help ensure peer support teams are properly trained and operating appropriately.
The bill also amends the state’s professional licensing discipline law to protect caregivers from discipline solely for voluntarily seeking or participating in peer support, counseling, or therapy. Licensing boards may not require disclosure of such participation except where federal law requires it or where it is necessary to determine current fitness to practice, though boards may still require participation in a board-designated professional health program. In addition, the bill creates a new evidentiary privilege for peer support communications, generally preventing peer support team members from being compelled to testify about communications or advice received in that role, subject to exceptions such as clear and present danger, consent, criminal conduct, child abuse or neglect, and certain in-camera court findings.
HB5086 amends §30-1-8 of the West Virginia Code to limit when licensing boards may take disciplinary action against covered caregivers based solely on voluntary use of peer support, counseling, or therapy, and it adds a new peer support article in Chapter 21 establishing definitions, training expectations, and program structure. It also adds §57-3-11 to create a testimonial privilege for peer support team members, changing evidentiary rules in court proceedings. The bill affects professional licensing boards, employers and organizations that operate peer support teams, and covered health care and public safety professionals who may seek confidential support services.
The bill appears to have broad bipartisan support and little visible opposition. It passed the House 89-0, the Senate 32-0, and the House concurrence vote 94-0, indicating unanimous approval at each stage. The available record suggests the measure was viewed favorably as a mental health and workforce-support bill for caregivers and first responders.
No committee transcript or recorded debate is provided, and the roll calls show no opposition votes, so there is no documented floor-level controversy in the available materials. The main policy balance built into the bill is between encouraging confidential peer support and preserving public safety and licensing oversight. Notable exceptions to the privilege and nondiscipline protections include clear and present danger, criminal conduct, child abuse or neglect, express consent, and board authority to require participation in a professional health program or act when current fitness to practice is at issue.