ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2502: traumatic event counseling; public safety |
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PRIME SPONSOR: Representative Boyer, LD 20 BILL STATUS: Senate Engrossed |
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Relating to Traumatic Event Counseling
Programs for Public Safety Employees and First Responders.
Provisions
Traumatic Event Counseling Program for Public Safety Employees (Program)
1. Requires the state and each political subdivision to compile the following data about the Traumatic Event Counseling for Public Safety Employees Program:
i. Program participants; and
ii. Program participants who file a workers' compensation claim and the number of granted or denied claims;
b. The total amount of work missed by a Program participant and how missed work was provided for by an employer or through employee benefits; and
c. The average number of
i. Visits per public safety employee;
ii. Months of Program participation; and
iii. Missed work days by a Program participant. (Sec. 1)
3. Requires ADOA to compile a report on Program data and submit the report to the Legislature and Executive, by October 1, 2019 and October 1 of each year thereafter. (Sec. 1)
Traumatic Event Counseling Program for First Responders (Program)
5. Removes First Responders from the existing Traumatic Event Counseling for Public Safety Employees statute and creates a program specifically for First Responders. (Sec. 1, 2)
6. Requires the state or any political subdivision to establish a Program to provide First Responders with 12 licensed counseling visits if any of the following occur while in the line of duty:
a. Visually witnessing the death or maiming or visually witnessing the immediate aftermath of the death or maiming of one or more people;
b. Responding to or being directly involved in an investigation of an offense involving a dangerous crime against children;
c. Requiring rescue where the individual's life was in danger;
d. Using deadly force or being the subject of deadly force, regardless of injury;
e. Responding to or being directly involved in an investigation involving the drowning or near drowning of a child; or
f. Witnessing the death of another First Responder.
i. Permits counseling visits to be provided by way of telemedicine, paid for by an employer. (Sec. 2)
7. Stipulates that an employer must pay for up to 24 additional counseling visits if a licensed mental health professional decides that more visits are needed and the additional visits will likely improve the First Responder's condition.
a. Requires additional counseling visits to occur within one year of the initial visit. (Sec. 2)
8. Prohibits an employer from requiring a First Responder who is receiving treatment to use accrued leave time when attending a counseling session. (Sec. 2)
9. Stipulates that an employer must ensure that a First Responder has no loss of pay and benefits for up to 30 calendar days per incident if a licensed mental health professional determines they are not fit to return to work and all the following apply:
a. The First Responder is unable to work light-duty or a light-duty option is not available;
b. The First Responder has used all their leave time;
c. The First Responder elects for short-term disability, but is not eligible; and
d. An employer does not have a supplemental program that provides pay and benefits after an injury occurs.
i. Excludes supplemental benefits plans already required under statute. (Sec. 2)
10. Requires an employer to let a First Responder select their own licensed mental health professional to provide Counseling.
a. Specifies that the employer is not required to hire the licensed mental health professional if they decline to offer Counseling. (Sec. 2)
11. Requires an employer to pay for Counseling using fees set by the Industrial Commission. (Sec. 2)
12. Asserts that the payment for counseling sessions by an employer does not create a presumption of compensability. (Sec. 2)
13. Requires the state and each political subdivision to report the following information regarding a Program:
a. The total number of:
i. Program participants;
ii. Program participants who file a workers' compensation claim and the number of granted or denied claims; and
iii. Persons deemed unfit to return to duty.
b. The total amount of work missed by a Program participant and how missed work was provided for by an employer or through employee benefits; and
c. The average number of
i. Visits per participant;
ii. Months of Program participation; and
iii. Missed work days.
d. The percentage of persons who received more than 12 counseling sessions. (Sec. 2)
14. Requires Program data to be submitted to ADOA, by September 1, 2019 and September 1 of each year thereafter. (Sec. 2)
15. Requires ADOA to compile a report on Program data and submit the report to the Legislature and Executive, by October 1, 2019 and October 1 of each year thereafter. (Sec. 2)
16. Specifies that Program data reporting requirements do not authorize the compiling and reporting of HIPAA protected data. (Sec. 1)
17. Exempts state employers who have an existing Program for First Responders that:
a. Is paid for by the employer;
b. Provides licensed counseling for any issue;
c. Provides licensed trauma counseling in person at the request of a First Responder; and
d. Offers at least 12 counseling sessions per year and additional sessions, if deemed necessary. (Sec. 2)
18. Repeals the Program on January 1, 2023. (Sec. 3)
Miscellaneous
19. Permits the Act to be cited as the Officer Craig Tiger Act. (Sec. 4)
20. Makes technical and conforming changes. (Sec. 1)
Current Law
A political subdivision or the state must provide and pay for at least 12 licensed counseling sessions for peace officers who use deadly force or are exposed to the use of deadly force and firefighters who witness the death of another firefighter. Counseling must also be provided to public safety employees who:
· Witness the maiming or death, or witness the aftermath of a maiming or death of one or more persons;
· Has direct involvement in a case involving dangerous crimes against children; or
· Requires rescue while in the line of duty and the employee's life was in danger (A.R.S. § 38-672).
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Fifty-third Legislature HB 2502
Second Regular Session Version 4: Senate Engrossed
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