West Virginia law protects caregivers who seek peer support

Employers or organizations that appoint a peer support team may choose an advisor to help ensure its members are trained and provide proper support. Covered caregivers include health professionals, first responders, and certain other licensed or certified professionals. These provisions took effect June 12, 2026.

A licensing board may not discipline a caregiver solely for voluntarily seeking or taking part in peer support, counseling, or therapy. The protection applies to caregivers as defined in the peer support law. A board may require a licensee to attend a board-designated professional health program. A board may require disclosure of participation when federal law requires it or when needed to assess current fitness to practice. These provisions took effect June 12, 2026.

A peer support team member generally may not be forced to testify about a recipient’s communications or the member’s advice. The privilege covers peer support team members and people who receive their services. The privilege has exceptions, including clear and present danger, consent, the recipient’s voluntary testimony, a court finding that information is unrelated to the support relationship, and communications about a criminal act. Past or present child abuse or neglect counts as a clear and present danger. For support at the scene and immediately after an incident involving a substantial risk of serious physical harm or loss of life, the recipient must request the help and the appointing entity must direct it. To receive this privilege, a team member must complete at least eight hours of basic training and take additional training or refreshers at least quarterly. These provisions took effect June 12, 2026.