SB 904 — Workers' compensation; anxiety disorder or depressive disorder incurred by law-enforcement officers.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E244 An Act to amend and reenact § 65.2-107 of the Code of Virginia, relating to workers' compensation;

firefighters.cpost-traumatic stress disorder, anxiety disorder, or depressive disorder;

law-enforcement ofRicersofficers and Ofirefighters. [S 904] L Approved L Be it enacted by the General Assembly of Virginia:

E[S 1.904] Approved March 22, 2023 Be it enacted by the General Assembly of Virginia:

1.

D§ law-enforcement65.2-107. officers and firefighters.der, anxiety disorder, or depressive disorder incurred by A.

Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters.

A.

"Anxiety disorder" means a disorder that meets the diagnostic criteria for one or more of the anxiety Disorders published by the American Psychiatric Association.stic and Statistical Manual of Mental "Depressive disorder" means a disorder that meets the diagnostic criteria for one or more of the depressive disorders specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

"Depressive"Firefighter" disorder" means aany disorder(i) thatsalaried meetsfirefighter, theincluding diagnosticspecial criteriaforest forwardens onedesignated orpursuant moreto of§ the10.1-1135, depressiveemergency disordersmedical specifiedservices inpersonnel, theand mostlocal recentor editionstate offire thescene Diagnosticinvestigator and Statistical(ii) ManBalvolunteer offirefighter Mentaland Disordersvolunteer publishedemergency bymedical theservices Americanpersonnel. Psychiatric Association.

0"In tothe §line 10.1-1135,of emergencyduty" medicalmeans servicesany personnel,action andthat locala law-enforcement officer or statefirefighter firewas sceneobligated investigatoEor andauthorized (ii)to volunteerperform firefighterby andrule, volunteerregulation, emergencywritten medicalcondition servicesof personnel.employment service, or law.

R "In the line of duty" means any action that a law-enforcement officer or firefighter was obligated or authorized to perform by rule, regulation, written condition of employment service, or law.

(vii) conservation police officer who is a Capitolfull-time Policesworn officer;member of the enforcement division of the Department of Wildlife Resources;

(viii) Capitol Police officer;

to"Mental Titlehealth 54.1professional" whomeans hasa experienceboard-certified diagnosingpsychiatrist andor treatinga post-traumaticpsychologist stresslicensed disorder.icensed pursuant "Post-traumaticto stressTitle disorder"54.1 meanswho ahas disorderexperience thatdiagnosing meetsand thetreating diagnostic criteria for post-traumatic stress disorderdisorder. as specified in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

"Qualifying"Post-traumatic event"stress disorder" means ana incidentdisorder orthat exposuremeets occurring in the linediagnostic ofcriteria duty on or after July 1, 2020, for post-traumatic stress disorder andas forspecified purposesin ofthe subdivisionsmost onerecent throughedition four of thisthe definition,American onPsychiatric orAssociation's afterDiagnostic Julyand 1,Statistical 2023,Manual forof anxietyMental disorderDisorders orpublished depressiveby disorder:the American Psychiatric Association.

"Qualifying event" means an incident or exposure occurring in the line of duty on or after July 1, 2020, for post-traumatic stress disorder, and for purposes of subdivisions 1 through 4 of this definition, on or after July 1, 2023, for anxiety disorder or depressive disorder:

1.

Resulting in serious bodily injury or death to any person or persons;

A mental health professional examines a law-enforcement officer or firefighter and diagnoses the law-enforcement officer or firefighter as suffering from post-traumatic stress disorder, anxiety disorder, or 2.depressive disorder as a result of the individual's undergoing a qualifying event;

The2. post-traumatic stress disorder, anxiety disorder, or depressive disorder resulted from the law-enforcement officer's or firefighter's acting in the line of duty and, in the case of a firefighter, such of 2 firefighter complied with federal Occupational Safety and Health Act standards adopted pursuant to 29 C.F.R.

The post-traumatic stress disorder, anxiety disorder, or depressive disorder resulted from the law-enforcement officer's or firefighter's acting in the line of duty and, in the case of a firefighter, such firefighter complied with federal Occupational Safety and Health Act standards adopted pursuant to 29 C.F.R.

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