ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: FICO DP 4-2-1-0 | APPROP 7-2-1-0 | 3rd Read 20-7-0-3

House: MAPS DPA 15-0-0-0

SB 1677: firefighters; peace officers; PTSD; therapy

Sponsor: Senator Gowan, LD 19

Committee on Military Affairs & Public Safety

Overview

Establishes, contingent upon federal approval, coverage for firefighters and certified peace officers (first responders) diagnosed with post-traumatic stress disorder (PTSD), to be treated with methylenedioxymethamphetamine-assisted therapy (MDMA-AT), with provisions for implementation in concert with the Industrial Commission of Arizona (ICA).

History

A.R.S. § 36-2517.01 allows any compound mixture or preparation that contains MDMA and is approved by the U.S. Food and Drug Administration (FDA) and rescheduled by the U.S. Drug Enforcement Administration as a Schedule other than a Schedule I controlled substance to be prescribed in Arizona. MDMA acts as both a stimulant and psychedelic and is a synthetic chemical made in labs. MDMA is currently a Schedule I controlled substance under federal law (DEA Fact Sheet, Ecstasy/MDMA).

If an employee of this state receives an injury by accident arising out of employment, he is entitled to workers' compensation (A.R.S.  23-904). Mental injuries are considered to have arisen out of employment if some unexpected stress related to the employment, or some physical injury related to the employment, was a substantial contributing cause of the mental injury (A.R.S. § 23-1043.01).

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvisions

1.   Mandates employers provide workers' compensation coverage for first responders diagnosed with PTSD by a licensed mental health professional. (Sec. 1)

2.   Permits the inclusion of MDMA-AT in workers' compensation coverage if deemed necessary and reasonable by an independent medical examination and if MDMA-AT is integrated into the ICA's treatment guidelines. (Sec. 1)

3.   Specifies that a first responder may receive one treatment protocol of MDMA-AT during his tenure, through either workers' compensation coverage or an established traumatic counseling program. (Sec. 1, 2)

4.   Requires Arizona and all its political subdivisions to provide, for first responders diagnosed with PTSD following a traumatic event, in a program that is established to provide licensed counselling, coverage for one treatment protocol of MDMA-AT if deemed necessary and reasonable. (Sec. 2)

5.   Stipulates that treatment by a psychiatrist under this Act with MDMA-AT supplants licensed counseling. (Sec. 2)

6.   Requires MDMA-AT to comply with the ICA's treatment guidelines and fee schedule. (Sec. 2)

7.   Directs costs associated with MDMA-AT to be reported to the ICA. (Sec. 2)

8.   Instructs first responders to notify their employers before beginning MDMA-AT. (Sec. 2)

9.   Prohibits an employer from requiring a first responder to use his vacation, personal or sick leave if he leaves work to attend an MDMA-AT treatment visit. (Sec. 2)

10.  Provides, if a licensed mental health professional deems an employee unfit for duty while receiving MDMA-AT treatment, that the employer must ensure no loss of pay or benefits for up to 30 calendar days. (Sec. 2)

11.  Stipulates that the 30-day period includes both the course of treatment for licensed counseling and for MDMA-AT. (Sec. 2)

12.  Stipulates an employee is eligible for the 30-day period only if certain conditions are met, including inability to work light duty, exhaustion of all leave benefits, ineligibility for short-term disability and the employer lacking a post-injury supplemental program. (Sec. 2)

13.  Requires employers to permit their first responders to select their own licensed mental health professionals. (Sec. 2)

14.  Stipulates, if a chosen mental health professional declines to provide MDMA-AT, that the employer is not obligated to engage said professional's services. (Sec. 2)

15.  Outlines regulations for payment for MDMA-AT and subjects them to the fee schedule fixed by the ICA. (Sec. 2)

16.  Asserts that employer payment for MDMA-AT does not imply that a claim is automatically considered compensable for purposes of workers' compensation. (Sec. 2)

17.  Conditions enactment of this Act upon the FDA approving MDMA-AT for PTSD treatment by December 31, 2025. (Sec. 3)

18.  Instructs the Arizona Department of Health Services to notify the ICA and Legislative Council by February 2, 2026, of the FDA's decision. (Sec. 3)

19.  Directs the ICA to consider incorporating MDMA-AT into its treatment guidelines upon receiving notification from the Arizona Department of Health Services. (Sec. 4)

20.  Stipulates, if incorporated, that MDMA-AT treatments must be included in the commission's schedule of fees. (Sec. 4)

21.  Requires the ICA to submit an annual report on the costs of MDMA-AT treatment to the Joint Legislative Budget Committee by January 1, 2026. (Sec. 1)

22.  Defines pertinent terms. (Sec. 1, 2)

Amendments

Committee on Military Affairs and Public Safety

1.   Removes language which covers together MDMA-AT with the course of treatment for licensed counseling so that MDMA-AT is provided only under workers' compensation.

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5.                     SB 1677

6.   Initials NM          Page 0 Military Affairs & Public Safety

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