Peer Support Communications Privilege Act
Summary
West Virginia Governor signed HB5086 into law, establishing a new testimonial privilege for communications between peer support team members and individuals receiving peer support services. The bill passed unanimously in both chambers (92-0 House, 34-0 Senate, 97-0 on final passage) after amendments in both the House Health and Human Resources Committee and Senate Health and Human Resources Committee.
What changed
HB5086 creates a new evidentiary privilege under West Virginia law protecting communications between peer support team members and individuals receiving peer support services. The privilege prevents compelled testimony regarding these communications in judicial proceedings, similar to attorney-client or doctor-patient privileges. The bill defines peer support team members and the scope of covered services through legislative amendments to the West Virginia Code.
Affected parties include healthcare providers, substance use treatment facilities, mental health organizations, and social services agencies that employ or utilize peer support specialists. These entities should review their policies to ensure peer support staff understand the scope of the privilege and how it affects documentation practices. Legal professionals representing clients in proceedings involving peer support services should understand the privilege's limitations and exceptions.
What to do next
- Review organizational peer support programs to identify team members covered under the new privilege
- Update confidentiality policies and training materials to reflect the new testimonial privilege
- Consult legal counsel regarding scope and limitations of the privilege in litigation scenarios
Source document (simplified)
ChangeBridge / West Virginia / HB5086 Signed by Governor HB5086 House Bill Signed by Governor 2026-03-14
Relating to peer support services
The purpose of this bill is to allow for privileged testimonial communications between a peer support team member and an individual receiving peer support services or advice from the team member.
Bill Details
State West Virginia
Session 2026 Regular Session
Chamber House
Official Source www.wvlegislature.gov/BillStatus/Billshi...
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Sponsors
Jonathan Pinson (Rep - R) Hollis Lewis (Rep - D) Scot Heckert (Rep - R)
Action History
2026-04-01 H Approved by Governor 4/1/2026 2026-03-14 H Approved by Governor 4/1/2026 - House Journal 2026-03-14 S Approved by Governor 4/1/2026 - Senate Journal 2026-03-25 H To Governor 3/25/2026 2026-03-14 S To Governor 3/25/2026 - Senate Journal 2026-03-14 S House Message received 2026-03-14 H Completed legislative action 2026-03-14 H Communicated to Senate 2026-03-14 H House concurred in Senate amendment and passed bill (Roll No. 653) 2026-03-14 H House received Senate message 2026-03-12 S Senate requests House to concur 2026-03-12 S Title amendment adopted 2026-03-12 S Passed Senate (Roll No. 502) 2026-03-12 S Read 3rd time 2026-03-12 S On 3rd reading 2026-03-11 S Committee amendments adopted (Voice vote) 2026-03-11 S Read 2nd time 2026-03-11 S On 2nd reading 2026-03-10 S Read 1st time 2026-03-10 S Immediate consideration 2026-03-10 S Reported do pass, with amendments 2026-02-27 S To Health and Human Resources 2026-02-27 S To Health and Human Resources 2026-02-27 S Introduced in Senate 2026-02-26 H Communicated to Senate 2026-02-26 H Passed House (Roll No. 207) 2026-02-26 H Read 3rd time 2026-02-26 H On 3rd reading, Special Calendar 2026-02-25 H Read 2nd time 2026-02-25 H On 2nd reading, Special Calendar 2026-02-24 H Read 1st time 2026-02-24 H On 1st reading, Special Calendar 2026-02-23 H Do pass 2026-02-20 H Markup Discussion 2026-02-13 H To House Judiciary 2026-02-13 H By substitute, do pass, but first to Judiciary 2026-02-10 H Markup Discussion 2026-02-03 H To House Health and Human Resources 2026-02-03 H Introduced in House 2026-02-03 H To Health and Human Resources then Judiciary 2026-02-03 H Filed for introduction
Votes
2026-02-26 Passed House (Roll No. 207) Yea: 92 Nay: 0 2026-03-12 Passed Senate (Roll No. 502) Yea: 34 Nay: 0 2026-03-14 House concurred in Senate amendment and passed bill (Roll No. 653) Yea: 97 Nay: 0
Committee Referrals
2026-02-03 H Health & Human Resources 2026-02-13 H Judiciary 2026-02-27 S Health and Human Resources
Amendments
2026-03-09 hb5086 s hhr am _ 3-9 2026-03-11 hb5086 sfat helton _ 3-11 2026-03-09 hb5086 s hhr am _ 3-9 adopted Adopted 2026-03-11 hb5086 sfat helton _ 3-11 adopted Adopted
Bill Text Versions
0000-00-00 Introduced 0000-00-00 Comm Sub 0000-00-00 Engrossed 0000-00-00 Enrolled
Subjects
Courts Crime Professions and Occupations Legislative data powered by LegiScan (CC BY 4.0)
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