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SB 561

  • Virginia Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Jan 07, 2020
  • Passed Senate Feb 10, 2020
  • Passed House Feb 21, 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. The bill incorporates SB 741 and SB 924 and is identical to HB 438.

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. The bill incorporates SB 741 and SB 924.

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, which includes an event occurring in the line of duty on or after July 1, 2020, in which a law-enforcement officer or firefighter views a deceased minor, witnesses the death of a person or an incident involving the death of a person, witnesses an injury to a person who subsequently dies, has physical contact with and treats an injured person who subsequently dies, transports an injured person who subsequently dies, or witnesses a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim. Other conditions for compensability include (i) 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; (ii) if the law-enforcement officer's or firefighter's undergoing a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (iii) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (iv) 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 establishes procedural requirements on employers that contest a claim for such benefits. The measure also establishes requirements for resilience and self-care technique training.

Bill Sponsors (20)

Jill Holtzman Vogel

  • Republican
  • upper
  • 27
Primary

John A. Cosgrove, Jr.

  • Republican
  • upper
  • 14
Cosponsor

Jeremy S. McPike

  • Democratic
  • upper
  • 29
Cosponsor

Jennifer B. Boysko

  • Democratic
  • upper
  • 33
Cosponsor

R. Creigh Deeds

  • Democratic
  • upper
  • 25
Cosponsor

Bill DeSteph

  • Republican
  • upper
  • 8
Cosponsor

Adam P. Ebbin

  • Democratic
  • upper
  • 30
Cosponsor

John S. Edwards

  • Democratic
  • upper
  • 21
Cosponsor

Janet D. Howell

  • Democratic
  • upper
  • 32
Cosponsor

Lynwood W. Lewis, Jr.

  • Democratic
  • upper
  • 6
Cosponsor

Mamie E. Locke

  • Democratic
  • upper
  • 2
Cosponsor

David W. Marsden

  • Democratic
  • upper
  • 37
Cosponsor

Jennifer L. McClellan

  • Democratic
  • upper
  • 9
Cosponsor

J. Chapman Petersen

  • Democratic
  • upper
  • 34
Cosponsor

Bryce E. Reeves

  • Republican
  • upper
  • 17
Cosponsor

Lionell Spruill, Sr.

  • Democratic
  • upper
  • 5
Cosponsor

Steve E. Heretick

  • Democratic
  • lower
  • 79
Cosponsor

Barry D. Knight

  • Republican
  • lower
  • 81
Cosponsor

Kaye Kory

  • Democratic
  • lower
  • 38
Cosponsor

Suhas Subramanyam

  • Democratic
  • lower
  • 87
Cosponsor

Votes


Actions


Apr 22, 2020

Senate

Amendments specific and severable (40-Y 0-N)

House

Enacted, Chapter 1262 (effective 7/1/20)

House

Signed by Speaker as reenrolled

Senate

Signed by President as reenrolled

Senate

Reenrolled bill text (SB561ER2)

Senate

Reenrolled

Office of the Governor

Governor's recommendation adopted

House

VOTE: (92-Y 0-N)

House

House concurred in Governor's recommendation (92-Y 0-N)

Senate

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

Mar 13, 2020

Senate

Impact statement from DPB (SB561S3)

Mar 12, 2020

Senate

Governor's substitute printed 20110012D-S3

Senate

Governor's recommendation received by Senate

Mar 04, 2020

Office of the Governor

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

Senate

Enrolled Bill Communicated to Governor on March 4, 2020

Feb 27, 2020

House

Signed by Speaker

Senate

Signed by President

Feb 26, 2020

Senate

Impact statement from DPB (SB561ER)

Senate

Enrolled

Feb 21, 2020

House

Passed House BLOCK VOTE (98-Y 0-N)

House

VOTE: Block Vote Passage (98-Y 0-N)

House

Read third time

Feb 20, 2020

House

Read second time

Feb 18, 2020

House

Reported from Labor and Commerce (21-Y 0-N)

Feb 14, 2020

Senate

Impact statement from DPB (SB561S2)

Feb 13, 2020

House

Referred to Committee on Labor and Commerce

House

Read first time

House

Placed on Calendar

Feb 10, 2020

Senate

Read third time and passed Senate (37-Y 2-N)

Feb 07, 2020

Senate

Passed by for the day

Feb 06, 2020

Senate

Read second time

Senate

Engrossed by Senate - committee substitute SB561S2

Senate

Committee substitute agreed to 20106824D-S2

Senate

Reading of substitute waived

Senate

Committee substitute rejected 20105715D-S1

Feb 05, 2020

Senate

Constitutional reading dispensed (40-Y 0-N)

Feb 04, 2020

Senate

Reported from Finance and Appropriations with substitute (14-Y 1-N)

Senate

Committee substitute printed 20106824D-S2

Senate

Incorporates SB741 (McPike)

Jan 20, 2020

Senate

Impact statement from DPB (SB561S1)

Jan 13, 2020

Senate

Incorporates SB924 (Cosgrove)

Senate

Rereferred to Finance and Appropriations

Senate

Committee substitute printed 20105715D-S1

Senate

Reported from Commerce and Labor with substitute (12-Y 3-N)

Jan 07, 2020

Senate

Referred to Committee on Commerce and Labor

Senate

Prefiled and ordered printed; offered 01/08/20 20104533D

Bill Text

Bill Text Versions Format
Impact statement from DPB (SB561S1) HTML
Engrossed by Senate - committee substitute SB561S2 HTML
Bill text as passed Senate and House (SB561ER) HTML
Impact statement from DPB (SB561S3) HTML
Reenrolled bill text (SB561ER2) HTML
Acts of Assembly Chapter text (CHAP1262) HTML

Related Documents

Document Format
Amendment: SB561AG 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.