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.
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.
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.
