S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5135
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by M. of A. CLARK -- 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07648-01-3
              

 A. 5135                             2
 
 § 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
 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.