SB1677 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 23, chapter 6, article 4, Arizona Revised Statutes, is amended by adding section 23-972, to read:

START_STATUTE23-972. Coverage; firefighters; peace officers; post-traumatic stress disorder; annual report; definitions

A. Employers shall provide workers' compensation coverage to firefighters and certified peace officers who have been diagnosed with post-traumatic stress disorder by a licensed mental health professional and who have an accepted workers' compensation claim for post-traumatic stress disorder under this title. If an independent medical examination reveals a treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) is deemed a reasonable and necessary treatment and the industrial commission of Arizona has integrated methylenedioxymethamphetamine-assisted therapy (MDMA-AT) treatment into its treatment guidelines, workers' compensation coverage may include one course of a treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) as prescribed by a psychiatrist.

B. A firefighter or certified peace officer may receive one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) during the person's employment as a firefighter or certified peace officer through either:

1. Workers' compensation coverage pursuant to this section.

2. Any program as prescribed in section 38-674.

C. methylenedioxymethamphetamine-assisted therapy (MDMA-AT) prescribed under this section shall meet the requirements under title 36, chapter 27 for a controlled substance.

D. On or before January 1, 2026 the commission shall submit a report of the costs of treatment for methylenedioxymethamphetamine-assisted therapy (MDMA-AT) under this section and section 38-674 for firefighters and certified peace officers to the joint legislative budget committee annually.

E. For the purposes of this section:

1. "Certified peace officer" has the same meaning prescribed in section 38-842.

2. "Firefighter" means a professional firefighter who is a member of a city, town, county or fire district fire department.

3. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following:

(a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17.

(b) A psychologist who is licensed pursuant to title 32, chapter 19.1.

4. "Psychiatrist" means a physician who is licensed pursuant to title 32, chapter 13 or 17.

5. "Treatment protocol of methylenedioxymethamphetamine-Assisted Therapy (MDMA-AT)" means a process of treatment that has received approval from the United States Food and Drug ADMINISTRATION for post-traumatic stress disorder and that uses methylenedioxymethamphetamine in conjunction with therapy sessions. END_STATUTE

Sec. 2. Title 38, chapter 4, article 5, Arizona Revised Statutes, is amended by adding section 38-674, to read:

START_STATUTE38-674. Traumatic event; counseling for firefighters and certified peace officers; post-traumatic stress disorder; definitions

A. For firefighters and certified peace officers who have been exposed to a traumatic event and who have been diagnosed with post-traumatic stress disorder by a licensed mental health professional, this state or any political subdivision of this state shall include in a program that is established to provide licensed counseling pursuant to section 38-673 coverage for one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT), if a psychiatrist deems that a treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) is a reasonable and necessary treatment. Treatment by a psychiatrist under this section supplants licensed counseling as defined in section 38-673.

1. Workers' compensation coverage pursuant to section 23-972.

2. Any program as prescribed in this section.

C. Any treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) shall comply with the treatment guidelines and schedule of fees as established by the industrial commission of Arizona. Any costs associated with the treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) for a firefighter or certified peace officer shall be reported to the industrial commission of Arizona.

D. A firefighter or certified peace officer participating in a treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) pursuant to this article shall notify the person's employer before beginning one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT).

E. An employer may not require a firefighter or certified peace officer who is receiving one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) pursuant to this section to use the firefighter's or certified peace officer's accrued paid vacation leave, personal leave or sick leave if the firefighter or certified peace officer leaves work to attend a treatment visit pursuant to this section.

F. If the licensed mental health professional determines that the firefighter or certified peace officer is not fit for duty while the firefighter or certified peace officer is receiving treatment pursuant to this section, the employer shall ensure that the firefighter or certified peace officer has no loss of pay and benefits for up to thirty calendar days. The thirty-calendar days include both the course of treatment for licensed counseling as defined in section 38-673 and for one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) pursuant to this section. An employee becomes eligible after the date a licensed mental health professional determines that the employee is not fit for duty, if all of the following apply:

1. The firefighter or certified peace officer is unable to work light duty or the employer does not offer a light duty option.

2. The firefighter or certified peace officer has exhausted the firefighter's or certified peace officer's sick leave, vacation leave or other leave that is provided as part of the firefighter's or certified peace officer's benefits package.

3. If the employer offers short-term disability benefits, the employer offered and the firefighter or certified peace officer elected short-term disability benefits, but the firefighter or certified peace officer is not eligible to receive short-term disability benefits.

4. The employer does not have a supplemental program that provides pay and benefits after the occurrence of an injury. For the purposes of this paragraph, "supplemental program":

(a) Means a program that provides pay and benefits after the occurrence of an injury.

(b) Does not include a supplemental benefits plan established pursuant to section 38-961.

G. An employer shall allow a firefighter or certified peace officer to select the firefighter's or certified peace officer's own licensed mental health professional within this state, except that if a licensed mental health professional declines to provide one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) pursuant to this section, the employer is not required to secure the services of that licensed mental health professional. The employer shall pay the licensed mental health professional pursuant to the schedule of fees that is fixed by the industrial commission of Arizona pursuant to section 23-908. The employer is not required to pay for a licensed mental health professional who practices outside of this state and may pay for care outside of the county in which the employer is located.

H. Payment by the employer for one treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) pursuant to this section does not establish a presumption that a claim is compensable under section 23-1043.01, subsection b.

I. methylenedioxymethamphetamine-assisted therapy (MDMA-AT) prescribed under this section shall meet the requirements under title 36, chapter 27 for a controlled substance.

J. For the purposes of this section:

1. "Certified peace officer" has the same meaning prescribed in section 38-842.

2. "Firefighter" means a professional firefighter who is a member of a city, town, county or fire district fire department.

3. "Licensed mental health professional" means a licensed individual who specializes in trauma and crisis, who uses evidence-based treatment options and who is one of the following:

(a) A psychiatrist who is licensed pursuant to title 32, chapter 13 or 17.

(b) A psychologist who is licensed pursuant to title 32, chapter 19.1.

4. "Psychiatrist" means a physician who is licensed pursuant to title 32, chapter 13 or 17.

5. "Treatment protocol of methylenedioxymethamphetamine-assisted therapy (MDMA-AT)" means a process of treatment that has received approval from the united states food and drug administration for post-traumatic stress disorder and that uses methylenedioxymethamphetamine in conjunction with therapy sessions. END_STATUTE

Sec. 3. Conditional enactment; notice

A. Sections 23-972 and 38-674, Arizona Revised Statutes, as added by this act, do not become effective unless on or before December 31, 2025 the United States Food and Drug Administration approves the use of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) for the treatment of post-traumatic stress disorder.

B. The department of health services shall notify the director of the Arizona legislative council and the director of the industrial commission of Arizona in writing on or before February 2, 2026 either:

1. The date on which the condition was met.

2. That the condition was not met.

Sec. 4. Industrial commission of Arizona report

On notification from the department of health services, the industrial commission of Arizona shall consider whether to incorporate methylenedioxymethamphetamine-assisted therapy (MDMA-AT) into its treatment guidelines, and if the industrial commission of Arizona incorporates methylenedioxymethamphetamine-assisted therapy (MDMA-AT) into its treatment guidelines, the industrial commission of Arizona shall include the treatment in its schedule of fees.