F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 211 2024
1 A bill to be entitled
2 An act relating to licensed counseling for first
3 responders; amending s. 112.1815, F.S.; providing
4 definitions; requiring an employing agency of a first
5 responder to pay for certain licensed counseling for
6 first responders; requiring such counseling to be
7 completed within a specified timeframe; prohibiting
8 the employing agency from requiring the first
9 responder to use specified leave for such counseling
10 under certain circumstances; authorizing a first
11 responder to select a qualified professional for
12 licensed counseling unless a specified list of
13 approved qualified professionals exists and providing
14 requirements for the employing agency related thereto;
15 prohibiting payment by the employing agency for such
16 counseling from creating a presumption of a
17 compensable occupational disease; prohibiting the
18 employing agency of a first responder from accessing
19 the first responder's medical records resulting from
20 licensed counseling except under certain
21 circumstances; conforming provisions to changes made
22 by the act; amending s. 112.18155, F.S.; conforming
23 cross-references; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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HB 211 2024
26
27 Section 1. Subsections (5) and (6) of section 112.1815,
28 Florida Statutes, are renumbered as subsections (4) and (5),
29 respectively, subsection (1), present subsection (4), and
30 paragraph (a) of present subsection (5) are amended, and a new
31 subsection (6) is added to that section, to read:
32 112.1815 Firefighters, paramedics, emergency medical
33 technicians, and law enforcement officers; special provisions
34 for employment-related accidents and injuries.—
35 (1) As used in this section, the term:
36 (a) "Directly witnessing" means to see or hear for
37 oneself.
38 (b) "First responder" as used in this section means a law
39 enforcement officer as defined in s. 943.10, a firefighter as
40 defined in s. 633.102, or an emergency medical technician or
41 paramedic as defined in s. 401.23 employed by state or local
42 government. A volunteer law enforcement officer, firefighter, or
43 emergency medical technician or paramedic engaged by the state
44 or a local government is also considered a first responder of
45 the state or local government for purposes of this section.
46 (c) "Licensed counseling" means counseling provided by a
47 qualified professional.
48 (d) "Manually transporting" means to perform physical
49 labor to remove the body of a wounded person for his or her
50 safety or medical treatment.
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51 (e) "Minor" has the same meaning as in s. 1.01(13).
52 (f) "Occupational disease" means only a disease that
53 arises out of employment as a first responder and is due to
54 causes and conditions that are characteristic of and peculiar to
55 a particular trade, occupation, process, or employment and
56 excludes all ordinary diseases of life to which the general
57 public is exposed, unless the incidence of the disease is
58 substantially higher in the particular trade, occupation,
59 process, or employment than for the general public.
60 (g) "Qualified professional" means a physician or a
61 physician assistant licensed under chapter 458 or chapter 459; a
62 psychiatrist licensed under chapter 458 or chapter 459; a
63 psychologist as defined in s. 490.003; a psychiatric nurse as
64 defined in s. 394.455; or a licensed psychiatrist, a licensed
65 psychologist, a clinical social worker licensed under s.
66 491.005, or an advanced practice registered nurse licensed under
67 s. 464.012 agreed upon through collective bargaining.
68 (4) For the purposes of this section, the term
69 "occupational disease" means only a disease that arises out of
70 employment as a first responder and is due to causes and
71 conditions that are characteristic of and peculiar to a
72 particular trade, occupation, process, or employment and
73 excludes all ordinary diseases of life to which the general
74 public is exposed, unless the incidence of the disease is
75 substantially higher in the particular trade, occupation,
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76 process, or employment than for the general public.
77 (4)(a)(5)(a) For the purposes of this section and chapter
78 440, and notwithstanding sub-subparagraph (2)(a)3. and ss.
79 440.093 and 440.151(2), posttraumatic stress disorder, as
80 described in the Diagnostic and Statistical Manual of Mental
81 Disorders, Fifth Edition, published by the American Psychiatric
82 Association, suffered by a first responder is a compensable
83 occupational disease as defined in subsection (1) and s.
84 440.151(2) within the meaning of subsection (4) and s. 440.151
85 if:
86 1. The posttraumatic stress disorder resulted from the
87 first responder acting within the course of his or her
88 employment as provided in s. 440.091; and
89 2. The first responder is examined and subsequently
90 diagnosed with such disorder by a qualified professional
91 licensed psychiatrist, in person or through telehealth as that
92 term is defined in s. 456.47, who is an authorized treating
93 physician as provided in chapter 440 due to one of the following
94 events:
95 a. Seeing for oneself a deceased minor;
96 b. Directly witnessing the death of a minor;
97 c. Directly witnessing an injury to a minor who
98 subsequently died before or upon arrival at a hospital emergency
99 department;
100 d. Participating in the physical treatment of an injured
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101 minor who subsequently died before or upon arrival at a hospital
102 emergency department;
103 e. Manually transporting an injured minor who subsequently
104 died before or upon arrival at a hospital emergency department;
105 f. Seeing for oneself a decedent whose death involved
106 grievous bodily harm of a nature that shocks the conscience;
107 g. Directly witnessing a death, including suicide, that
108 involved grievous bodily harm of a nature that shocks the
109 conscience;
110 h. Directly witnessing a homicide regardless of whether
111 the homicide was criminal or excusable, including murder, mass
112 killing as defined in 28 U.S.C. s. 530C, manslaughter, self-
113 defense, misadventure, and negligence;
114 i. Directly witnessing an injury, including an attempted
115 suicide, to a person who subsequently died before or upon
116 arrival at a hospital emergency department if the person was
117 injured by grievous bodily harm of a nature that shocks the
118 conscience;
119 j. Participating in the physical treatment of an injury,
120 including an attempted suicide, to a person who subsequently
121 died before or upon arrival at a hospital emergency department
122 if the person was injured by grievous bodily harm of a nature
123 that shocks the conscience; or
124 k. Manually transporting a person who was injured,
125 including by attempted suicide, and subsequently died before or
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126 upon arrival at a hospital emergency department if the person
127 was injured by grievous bodily harm of a nature that shocks the
128 conscience.
129 (6)(a) An employing agency of first responders, including
130 volunteer first responders, must pay for up to 12 hours of
131 licensed counseling for a first responder who experiences an
132 event listed in subparagraph (4)(a)2. in the course of his or
133 her employment. The licensed counseling may be in person or via
134 telehealth in accordance with s. 456.47.
135 (b) If a qualified professional determines that the first
136 responder needs additional hours of licensed counseling beyond
137 the initial 12 hours and that the additional hours of licensed
138 counseling are likely to improve the first responder's
139 condition, the employing agency of the first responder must pay
140 for up to an additional 24 hours of licensed counseling for the
141 first responder.
142 (c) All hours of licensed counseling authorized under
143 paragraphs (a) and (b) must be completed within 1 year after the
144 first responder's first visit to a qualified professional.
145 (d) The employing agency of the first responder may not
146 require the first responder to use any type of his or her
147 accrued leave if the first responder's licensed counseling is
148 scheduled during the first responder's regular work hours.
149 (e) Unless a list of approved qualified professionals has
150 been established through collective bargaining, a first
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151 responder may select a qualified professional to provide
152 licensed counseling under this subsection. However, if the
153 qualified professional selected by the first responder declines
154 to provide such counseling, the employing agency of the first
155 responder is not required to secure the counseling services of
156 that qualified professional and must provide a list of other
157 approved qualified professionals to the first responder. A
158 qualified professional approved by an employing agency or
159 through collective bargaining to provide licensed counseling
160 under this subsection is considered an authorized treating
161 physician as provided in chapter 440 and is able to satisfy the
162 diagnosis requirements under subparagraph (4)(a)2. regardless of
163 whether such qualified professional is a licensed psychiatrist.
164 (f) Payment by the employing agency of licensed counseling
165 for the first responder under this subsection does not create a
166 presumption that the first responder suffered a compensable
167 occupational disease as defined in subsection (1) and s.
168 440.151(2).
169 (g) The employing agency of the first responder may not
170 access any of the first responder's medical records resulting
171 from licensed counseling provided under this subsection unless
172 the first responder provides written authorization to allow such
173 access, including a release as part of a claim for workers'
174 compensation benefits under chapter 440, to the qualified
175 professional providing services to the first responder pursuant
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176 to this subsection.
177 Section 2. Paragraphs (b) and (c) of subsection (1) of
178 section 112.18155, Florida Statutes, are amended to read:
179 112.18155 Correctional officers; special provisions for
180 posttraumatic stress disorders.—
181 (1) As used in this section, the term:
182 (b) "Directly witnessing" has the same meaning as in s.
183 112.1815(1) s. 112.1815(5)(e).
184 (c) "Manually transporting" has the same meaning as in s.
185 112.1815(1) s. 112.1815(5)(e).
186 Section 3. This act shall take effect July 1, 2024.
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