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Committee advances bill creating peer support teams and testimonial privilege for caregivers
Summary
The Senate Health Committee approved House Bill 5,086 as amended to define covered caregivers, create employer-based peer support teams and a testimonial privilege for peer-support communications; a committee amendment preserved board authority to require participation in board‑designated Professional Health Programs (PHPs).
The Senate Health Committee on March 5 approved House Bill 5,086, a measure that defines a broad class of "covered caregivers" and creates employer-established peer support teams with a new testimonial privilege for communications that occur within those teams. Counsel told the committee the bill would cover medical doctors, physician assistants, registered and practical nurses, osteopathic physicians, residency participants, psychologists, counselors, first responders, pharmacists, social workers, chaplains and other licensed or certified professionals designated by a hospital governing authority.
The bill requires a peer support team to complete at least eight hours of initial basic peer support training and quarterly additional training. It also prohibits boards from taking disciplinary action solely because a caregiver seeks voluntary peer support, counseling, therapy, mental health or substance use disorder treatment — though the pending committee amendment sought to narrow that nondisciplinary protection.
Senator (17th) offered a committee amendment to clarify that nothing in the section would prohibit a board from requiring a licensee to participate in a board‑designated Professional Health Program (PHP). Counsel explained the amendment would be inserted after line 22 on page 5 and would add language explicitly preserving a board’s authority to require participation in such programs. Sponsor Delegate Jonathan Pinson told the committee he supported the amendment and said it would strengthen the bill while ensuring caregivers could access both peer-to-peer services and more formal board‑overseen programs when appropriate.
The committee adopted the amendment and then voted to report HB 5,086 to the full Senate with a recommendation that it pass as amended. The measure contains no fiscal note, and counsel said the Department of Labor and the West Virginia courts would be affected; the bill would become effective in 90 days unless otherwise specified.
Committee action now sends the measure to the full Senate for consideration.
