Montana § 7-32-602 - Local First Responder Peer Support Programs

§ 7-32-602. Local First Responder Peer Support Programs

Local first responder peer support programs. (1) A police department, sheriff's office, fire department, or emergency medical service provider may establish a first responder peer support program that is in compliance with the provisions of this section. (2) A local first responder peer support program must have a written policy that outlines, at a minimum: (a) qualifications for a peer supporter, including certification and continuing education requirements; (b) guidelines for what constitutes a peer support session from a conversation between peers; (c) definitions for a group debrief and peer support team; (d) the prohibition of recording in writing or by video or audio any peer support session; (e) how peer supporters in the program shall comply with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d, et seq.; (f) the ability of an employee to use multiple peer supporters; (g) the protection of an employee from being forced to use a peer supporter who holds supervisory authority over the employee; (h) the prohibition of harassment or discrimination against an employee or volunteer who seeks services from the peer support program; and (i) confidentiality protections of the peer support program, including the following exceptions: (i) if the employee has committed or plans to commit a crime; (ii) if the employee indicates the employee will cause harm to themself or to others; (iii) if there is a request from an appropriate licensing board or program; and (iv) if the mandatory reporting requirements of licensing boards or programs apply. (3) A peer support session is confidential, and, except as provided in subsection (2)(i), a qualified peer supporter in a local first responder peer support program is prohibited from providing testimony about a peer support session, including individual and group peer support sessions.