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HB 438

  • Virginia House Bill
  • 2020 Regular Session
  • Introduced in House Jan 03, 2020
  • Passed House Feb 11, 2020
  • Passed Senate Feb 27, 2020
  • Became Law Apr 22, 2020

Workers' compensation; post-traumatic stress disorder, law-enforcement officers and firefighters.

Abstract

Workers' compensation; post-traumatic stress disorder; law-enforcement officers and firefighters. Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing a qualifying event, defined as an incident or exposure occurring in the line of duty on or after July 1, 2020, (i) resulting in serious bodily injury or death to any person or persons; (ii) involving a minor who has been injured, killed, abused, or exploited; (iii) involving an immediate threat to life of the claimant or another individual; (iv) involving mass casualties; or (v) responding to crime scenes for investigation. Other conditions for compensability include (a) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (b) if the law-enforcement officer's or firefighter's undergoing of a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (c) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (d) if the post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter. The measure also establishes requirements for resilience and self-care technique training. This bill is identical to SB 561.

Workers' compensation; post-traumatic stress disorder; law-enforcement officers and firefighters. Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing a qualifying event, defined as an incident or exposure occurring in the line of duty on or after July 1, 2020, (i) resulting in serious bodily injury or death to any person or persons; (ii) involving a minor who has been injured, killed, abused, or exploited; (iii) involving an immediate threat to life of the claimant or another individual; (iv) involving mass casualties; or (v) responding to crime scenes for investigation. Other conditions for compensability include (a) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (b) if the law-enforcement officer's or firefighter's undergoing of a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (c) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (d) if the post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter. The measure also establishes requirements for resilience and self-care technique training.

Workers' compensation; post-traumatic stress disorder;law-enforcement officers and firefighters. Provides that post-traumaticstress disorder incurred by a law-enforcement officer or firefighter iscompensable under the Virginia Workers' Compensation Act if a mental healthprofessional examines a law-enforcement officer or firefighter and diagnosesthe individual as suffering from post-traumatic stress disorder as a result ofthe individual's undergoing a qualifying event, which includes an event occurringin the line of duty on or after July 1, 2020, in which a law-enforcementofficer or firefighter views a deceased minor, witnesses the death of a personor an incident involving the death of a person, witnesses an injury to a personwho subsequently dies, has physical contact with and treats an injured personwho subsequently dies, transports an injured person who subsequently dies, orwitnesses a traumatic physical injury that results in the loss of a vital bodypart or a vital body function that results in permanent disfigurement of thevictim. Other conditions for compensability include (i) if the post-traumaticstress disorder resulted from the law-enforcement officer or firefighter actingin the line of duty and, in the case of a firefighter, such firefightercomplied with certain federal Occupational Safety and Health Act standards;(ii) if the law-enforcement officer's or firefighter's undergoing a qualifyingevent was a substantial factor in causing his post-traumatic stress disorder;(iii) if such qualifying event, and not another event or source of stress, wasthe primary cause of the post-traumatic stress disorder; and (iv) if thepost-traumatic stress disorder did not result from any disciplinary action,work evaluation, job transfer, layoff, demotion, promotion, termination,retirement, or similar action of the officer or firefighter. The measureestablishes procedural requirements on employers that contest a claim for suchbenefits. The measure also establishes requirements for resilience and self-caretechnique training.

Bill Sponsors (39)

Steve E. Heretick

  • Democratic
  • lower
  • 79
Primary

Dan I. Helmer

  • Democratic
  • lower
  • 40
Cosponsor

Alex Q. Askew

  • Democratic
  • lower
  • 85
Cosponsor

G. "John" Avoli

  • Republican
  • lower
  • 20
Cosponsor

Hala S. Ayala

  • Democratic
  • lower
  • 51
Cosponsor

Lamont Bagby

  • Democratic
  • lower
  • 74
Cosponsor

Jeffrey M. Bourne

  • Democratic
  • lower
  • 71
Cosponsor

Emily M. Brewer

  • Republican
  • lower
  • 64
Cosponsor

Betsy B. Carr

  • Democratic
  • lower
  • 69
Cosponsor

Jennifer Carroll Foy

  • Democratic
  • lower
  • 2
Cosponsor

Christopher E. Collins

  • Republican
  • lower
  • 29
Cosponsor

Glenn R. Davis

  • Republican
  • lower
  • 84
Cosponsor

Karrie K. Delaney

  • Democratic
  • lower
  • 67
Cosponsor

James E. Edmunds, II

  • Republican
  • lower
  • 60
Cosponsor

Wendy W. Gooditis

  • Democratic
  • lower
  • 10
Cosponsor

Nancy D. Guy

  • Democratic
  • lower
  • 83
Cosponsor

Elizabeth R. Guzman

  • Democratic
  • lower
  • 31
Cosponsor

Patrick A. Hope

  • Democratic
  • lower
  • 47
Cosponsor

Chris L. Hurst

  • Democratic
  • lower
  • 12
Cosponsor

Clinton L. Jenkins

  • Democratic
  • lower
  • 76
Cosponsor

Mark L. Keam

  • Democratic
  • lower
  • 35
Cosponsor

Terry G. Kilgore

  • Republican
  • lower
  • 1
Cosponsor

Barry D. Knight

  • Republican
  • lower
  • 81
Cosponsor

Kaye Kory

  • Democratic
  • lower
  • 38
Cosponsor

Paul E. Krizek

  • Democratic
  • lower
  • 44
Cosponsor

James A. "Jay" Leftwich

  • Republican
  • lower
  • 78
Cosponsor

Mark H. Levine

  • Democratic
  • lower
  • 45
Cosponsor

Martha M. Mugler

  • Democratic
  • lower
  • 91
Cosponsor

Kathleen Murphy

  • Democratic
  • lower
  • 34
Cosponsor

Kenneth R. Plum

  • Democratic
  • lower
  • 36
Cosponsor

Marcia S. "Cia" Price

  • Democratic
  • lower
  • 95
Cosponsor

Ibraheem S. Samirah

  • Democratic
  • lower
  • 86
Cosponsor

Suhas Subramanyam

  • Democratic
  • lower
  • 87
Cosponsor

Jeion A. Ward

  • Democratic
  • lower
  • 92
Cosponsor

Vivian E. Watts

  • Democratic
  • lower
  • 39
Cosponsor

Rodney T. Willett

  • Democratic
  • lower
  • 73
Cosponsor

David W. Marsden

  • Democratic
  • upper
  • 37
Cosponsor

Joseph D. Morrissey

  • Democratic
  • upper
  • 16
Cosponsor

Mark J. Peake

  • Republican
  • upper
  • 22
Cosponsor

Votes


Actions


Apr 22, 2020

House

Placed on Calendar

House

Enacted, Chapter 1206 (effective 7/1/20)

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB438ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Senate concurred in Governor's recommendation (40-Y 0-N)

Senate

Reconsideration of Governor's recommendation agreed to (38-Y 1-N)

Senate

Senate concurred in Governor's recommendation (40-Y 0-N)

House

VOTE: (95-Y 0-N)

House

House concurred in Governor's recommendation BLOCK VOTE (95-Y 0-N)

Apr 11, 2020

House

Governor's substitute printed 20110003D-H3

House

Governor's recommendation received by House

Mar 12, 2020

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2020

House

Enrolled Bill communicated to Governor on March 12, 2020

Mar 05, 2020

Senate

Signed by President

House

Signed by Speaker

Mar 04, 2020

House

Impact statement from DPB (HB438ER)

House

Enrolled

Feb 27, 2020

Senate

Passed Senate (40-Y 0-N)

Senate

Read third time

Feb 26, 2020

Senate

Constitutional reading dispensed (38-Y 0-N)

Feb 25, 2020

Senate

Reported from Finance and Appropriations (14-Y 0-N)

Feb 17, 2020

Senate

Reported from Commerce and Labor (13-Y 1-N)

Senate

Rereferred to Finance and Appropriations

Feb 14, 2020

House

Impact statement from DPB (HB438H2)

Feb 12, 2020

Senate

Referred to Committee on Commerce and Labor

Senate

Constitutional reading dispensed

Feb 11, 2020

House

Read third time and passed House (96-Y 0-N)

House

VOTE: Passage (96-Y 0-N)

Feb 10, 2020

House

Read second time

House

Engrossed by House - committee substitute HB438H2

House

Committee on Appropriations substitute agreed to 20108008D-H2

House

Committee on Labor and Commerce substitute rejected 20106944D-H1

Feb 09, 2020

House

Read first time

Feb 07, 2020

House

Committee substitute printed 20108008D-H2

House

Incorporates HB1596

House

Reported from Appropriations with substitute (21-Y 0-N)

House

Subcommittee recommends reporting with substitute (7-Y 1-N)

Feb 04, 2020

House

House subcommittee amendments and substitutes offered

Feb 03, 2020

House

Assigned App. sub: Compensation & General Government

Jan 30, 2020

House

Reported from Labor and Commerce with substitute (19-Y 3-N)

House

Committee substitute printed 20106944D-H1

House

Referred to Committee on Appropriations

Jan 28, 2020

House

Subcommittee recommends reporting with substitute (6-Y 2-N)

House

Subcommittee recommends referring to Committee on Appropriations

House

House subcommittee amendments and substitutes offered

Jan 20, 2020

House

Impact statement from DPB (HB438)

Jan 14, 2020

House

Assigned L & C sub: Subcommittee #1

Jan 03, 2020

House

Prefiled and ordered printed; offered 01/08/20 20102221D

House

Referred to Committee on Labor and Commerce

Bill Text

Bill Text Versions Format
HB438H1 HTML
Engrossed by House - committee substitute HB438H2 HTML
Bill text as passed House and Senate (HB438ER) HTML
HB438H3 HTML
Reenrolled bill text (HB438ER2) HTML
Acts of Assembly Chapter text (CHAP1206) HTML

Related Documents

Document Format
Amendment: HB438AG HTML

Sources

Data on Open States is updated nightly from the official website of the Virginia General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.