S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11062
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Frontus) --
   read once and referred to the Committee 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:
 
   Section  1.  The mental hygiene law is amended by adding a new article
 48 to read as follows:
                                 ARTICLE 48
                EMERGENCY SERVICES PERSONNEL MENTAL HEALTH
 SECTION 48.01 DEFINITIONS.
         48.03 MENTAL HEALTH SCREENING.
         48.05 PRESUMPTION OF POST-TRAUMATIC STRESS DISORDER.
 § 48.01 DEFINITIONS.
   AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOWING
 MEANINGS:
   (A) "EMERGENCY MEDICAL SERVICES PERSONNEL" MEANS A LICENSED INDIVIDUAL
 WHO  FUNCTIONS  WITHIN  THE EMERGENCY MEDICAL SERVICES SYSTEM TO PROVIDE
 EMERGENCY AID, INCLUDING, BUT NOT LIMITED TO, FIREFIGHTERS AND UNIFORMED
 SERVICES.
   (B) "LAW ENFORCEMENT OFFICER" MEANS A  SALARIED  AND  COMMISSIONED  OR
 CERTIFIED LAW ENFORCEMENT OFFICER OF A POLICE OR SHERIFF'S DEPARTMENT OR
 A  PEACE  OFFICER WHO IS PART OF OR ADMINISTERED BY THE STATE OR A POLI-
 TICAL SUBDIVISION OF THE STATE.
   (C) "UNIFORMED SERVICES" MEANS INDIVIDUALS EMPLOYED BY THE STATE OR  A
 POLITICAL  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.
 § 48.03 MENTAL HEALTH SCREENING.
   ANY LAW ENFORCEMENT OFFICER OR EMERGENCY  MEDICAL  SERVICES  PERSONNEL
 SHALL  BE  REQUIRED TO SUBMIT TO PRE-EMPLOYMENT MENTAL HEALTH SCREENINGS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16676-04-0

 A. 11062                            2
 
 AND SHALL 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  OFFI-
 CERS AND EMERGENCY MEDICAL SERVICES PERSONNEL.
 § 48.05 PRESUMPTION OF POST-TRAUMATIC STRESS DISORDER.
   (A)  IF  ANY  LAW  ENFORCEMENT  OFFICER  OR EMERGENCY MEDICAL SERVICES
 PERSONNEL  ARE  DIAGNOSED  WITH  POST-TRAUMATIC  STRESS  DISORDER  BY  A
 LICENSED PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR ANY PRACTITIONER QUAL-
 IFIED  TO  MAKE  SUCH  A  DIAGNOSIS,  AND THE CONDITION WAS NOT REVEALED
 DURING AN INITIAL EMPLOYMENT MEDICAL SCREENING EXAMINATION OR  DURING  A
 SUBSEQUENT  MEDICAL  REVIEW  CONDUCTED PURSUANT TO SECTION 48.03 OF THIS
 ARTICLE, SUCH DISORDER SHALL BE PRESUMED TO  BE  PROXIMATELY  CAUSED  BY
 EMPLOYMENT  AS  A  LAW ENFORCEMENT OFFICER OR EMERGENCY MEDICAL SERVICES
 PERSONNEL.
   (B) THE PRESUMPTION CREATED IN SUBDIVISION (A) OF THIS SECTION MAY  BE
 REBUTTED  BY  A PREPONDERANCE OF EVIDENCE IN A COURT OF COMPETENT JURIS-
 DICTION SHOWING THAT A LAW  ENFORCEMENT  OFFICER  OR  EMERGENCY  MEDICAL
 SERVICES PERSONNEL DIAGNOSED WITH POST-TRAUMATIC STRESS DISORDER ENGAGED
 IN  CONDUCT  OR ACTIVITIES OUTSIDE OF THE SCOPE OF HIS OR HER EMPLOYMENT
 THAT POSED A SIGNIFICANT RISK OF DEVELOPING SUCH DISORDER.
   (C) WHEN THE PRESUMPTION CREATED IN THIS SECTION DOES  NOT  APPLY,  IT
 SHALL  NOT  PRECLUDE  ANY  LAW  ENFORCEMENT OFFICER OR EMERGENCY MEDICAL
 SERVICES  PERSONNEL  FROM  DEMONSTRATING  A  CAUSAL  CONNECTION  BETWEEN
 EMPLOYMENT  AND  CONDITION OR INJURY BY A PREPONDERANCE OF EVIDENCE IN A
 COURT OF COMPETENT JURISDICTION.
   (D) MEDICAL TREATMENT BASED ON THE PRESUMPTION CREATED IN THIS SECTION
 SHALL BE PROVIDED BY AN EMPLOYER AS FOR A JOB-RELATED CONDITION OR INJU-
 RY, 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 REIM-
 BURSED 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.
   § 2. This act shall take effect immediately.