AB6641 Summary:

BILL NOA06641
 
SAME ASNo Same As
 
SPONSORFrontus
 
COSPNSR
 
MLTSPNSR
 
Add Art 48 §§48.01 - 48.05, Ment Hyg L
 
Provides for mental health screening; creates a presumption that post-traumatic stress disorder is proximately caused by employment for law enforcement officers and emergency medical services personnel.
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AB6641 Actions:

BILL NOA06641
 
03/23/2021referred to mental health
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AB6641 Committee Votes:

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AB6641 Floor Votes:

There are no votes for this bill in this legislative session.
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AB6641 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6641
 
SPONSOR: Frontus
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to providing for mental health screening and creating a presumption that post-traumatic stress disorder is proximately caused by employment for law enforcement officers and emergency medical services personnel   PURPOSE OF THE BILL: This bill would create a presumption that emergency services professions involve a heightened risk of post-traumatic stress disorder, expediting access to treatment for emergency services personnel. By also requiring preemployment and on-going mental health screenings, emergency services personnel can more easily establish that they have suffered trauma in the course of their employment.   SUMMARY OF PROVISIONS: The mental hygiene law is amended by adding a new article 48: Section 48.01 defines those covered. "Emergency medical services person- nel" means licensed individuals who provide emergency aid, including, but not limited to, firefighters and uniformed services. "Law enforce- ment officer" means a salaried and commissioned or certified law enforcement officer of a police or sheriff's department or a peace offi- cer who is part of or administered by the state or a political subdivi- sion of the state. "Uniformed services" means individuals employed by the state or a subdivision of the state who wear a distinct uniform that differentiates such individuals from members of the general public and whose purpose is to maintain peace, security, safety and health of the public. Section 48.03 provides for any law enforcement officer or emergency medical services personnel to complete pre-employment mental health screenings and undergo mental health evaluations as part of regular medical examinations. Such participation in screening and evaluations shall assist to monitor changes in the mental health of law enforcement officers and emergency medical services personnel. Section 48.05 creates a presumption for any law enforcement officer or emergency medical services personnel diagnosed with post-traumatic stress disorder, whose condition was not revealed during an initial employment medical screening examination or during a subsequent medical review, that such disorder shall be presumed to be proximately caused by their employment as a law enforcement officer or emergency medical services personnel. The presumption may be rebutted by a preponderance of evidence showing that a law enforcement officer or emergency medical services personnel engaged in conduct or activities outside of the scope of his or her employment that posed a significant risk of developing PTSD. When the presumption does not apply, it shall not preclude any law enforcement officer or emergency medical services personnel from demon- strating a causal connection between their employment and their condi- tion. Medical treatment based on the presumption shall be provided by an employer as for a job-related condition or injury, unless and until a court of competent jurisdiction determines that such presumption does not apply. If the court determines that such presumption does not apply, or that the condition is not job-related, the employer's workers' compensation insurance provider shall be reimbursed for health care costs by the medical or health insurance plan or benefit provided for the law enforcement officer or emergency medical services personnel by the employer.   JUSTIFICATION: Currently, emergency services personnel - including firefighters, emer- gency medical technicians and ambulance crews, law enforcement officers and other uniformed services - must demonstrate that they suffered trau- ma related to their employment in order to access treatment. Often, social stigma associated with mental health issues prevents emergency services personnel from seeking care. Creating a rebuttable presumption based on the understanding that these positions carry an inherent risk of post-traumatic stress disorder will help law enforcement officers and emergency services personnel access appropriate treatment.   PRIOR LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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AB6641 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6641
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2021
                                       ___________
 
        Introduced  by M. of A. FRONTUS -- read once and referred to the Commit-
          tee on Mental Health
 
        AN ACT to amend the mental hygiene law, in  relation  to  providing  for
          mental health screening and creating a presumption that post-traumatic
          stress  disorder  is proximately caused by employment for law enforce-
          ment officers and emergency medical services personnel
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The mental hygiene law is amended by adding a new article
     2  48 to read as follows:
     3                                  ARTICLE 48
     4                 EMERGENCY SERVICES PERSONNEL MENTAL HEALTH
     5  Section 48.01 Definitions.
     6          48.03 Mental health screening.
     7          48.05 Presumption of post-traumatic stress disorder.
     8  § 48.01 Definitions.
     9    As used in this article, the following terms shall have the  following
    10  meanings:
    11    (a) "Emergency medical services personnel" means a licensed individual
    12  who  functions  within  the emergency medical services system to provide
    13  emergency aid, including, but not limited to, firefighters and uniformed
    14  services.
    15    (b) "Law enforcement officer" means a  salaried  and  commissioned  or
    16  certified law enforcement officer of a police or sheriff's department or
    17  a  peace  officer who is part of or administered by the state or a poli-
    18  tical subdivision of the state.
    19    (c) "Uniformed services" means individuals employed by the state or  a
    20  political  subdivision  of  the  state  who wear a distinct uniform that
    21  differentiates such individuals from members of the general  public  and
    22  whose  purpose  is to maintain peace, security, safety and health of the
    23  public.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06306-01-1

        A. 6641                             2
 
     1  § 48.03 Mental health screening.
     2    Any  law  enforcement  officer or emergency medical services personnel
     3  shall be required to submit to pre-employment mental  health  screenings
     4  and  shall  undergo mental health evaluations as part of regular medical
     5  examinations. Such participation  in  screening  and  evaluations  shall
     6  assist  to monitor changes in the mental health of law enforcement offi-
     7  cers and emergency medical services personnel.
     8  § 48.05 Presumption of post-traumatic stress disorder.
     9    (a) If any law  enforcement  officer  or  emergency  medical  services
    10  personnel  are  diagnosed  with  post-traumatic  stress  disorder  by  a
    11  licensed physician, mental health professional or any practitioner qual-
    12  ified to make such a diagnosis,  and  the  condition  was  not  revealed
    13  during  an  initial employment medical screening examination or during a
    14  subsequent medical review conducted pursuant to section  48.03  of  this
    15  article,  such  disorder  shall  be presumed to be proximately caused by
    16  employment as a law enforcement officer or  emergency  medical  services
    17  personnel.
    18    (b)  The presumption created in subdivision (a) of this section may be
    19  rebutted by a preponderance of evidence in a court of  competent  juris-
    20  diction  showing  that  a  law  enforcement officer or emergency medical
    21  services personnel diagnosed with post-traumatic stress disorder engaged
    22  in conduct or activities outside of the scope of his or  her  employment
    23  that posed a significant risk of developing such disorder.
    24    (c)  When  the  presumption created in this section does not apply, it
    25  shall not preclude any law  enforcement  officer  or  emergency  medical
    26  services  personnel  from  demonstrating  a  causal  connection  between
    27  employment and condition or injury by a preponderance of evidence  in  a
    28  court of competent jurisdiction.
    29    (d) Medical treatment based on the presumption created in this section
    30  shall be provided by an employer as for a job-related condition or inju-
    31  ry,  unless  and until a court of competent jurisdiction determines that
    32  such presumption does not apply.  If  the  court  determines  that  such
    33  presumption  does  not  apply, or that the condition is not job-related,
    34  the employer's workers' compensation insurance provider shall  be  reim-
    35  bursed  for health care costs by the medical or health insurance plan or
    36  benefit provided for the law enforcement officer  or  emergency  medical
    37  services personnel by the employer.
    38    § 2. This act shall take effect immediately.
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