H2909 — An Act relative to the disability or death caused by post-traumatic stress disorder (PTSD)

Summary

An Act relative to the disability or death caused by post-traumatic stress disorder (PTSD)

Bill Text

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This bill adds a new section defining post-traumatic stress disorder and establishes its presumption as a work-related injury for certain first responders under specific conditions.

• Chapter 32, Section 94C

  Section 94C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: “Post-traumatic stress disorder”, a disorder that meets the diagnostic criteria for post-traumatic stress, specified by the American Psychiatric Association in the fifth edition of the Diagnostic and Statistics Manual of Mental Disorders, or most recently published edition. “Mental health professional”, a person with professional training, experience and demonstrated competence in the treatment and diagnosis of mental conditions, who is certified or licensed to provide mental health care services and for whom diagnosis of mental conditions are within their scope of practice, including a physician, nurse with recognized psychiatric specialties, psychiatrist, psychologist, clinical social worker, mental health counselor or alcohol and drug abuse counselor.

  This establishes definitions for 'post-traumatic stress disorder' and 'mental health professional' within the new section.

• Chapter 32, Section 94C

  (b) Notwithstanding any general or special law to the contrary relative to the non-contributory or contributory retirement system, any condition of impairment of health caused by post-traumatic stress disorder diagnosed by a mental health professional resulting in total or partial disability or death of: (1) a full-time uniformed member of a paid police department, paid fire department, paid municipal emergency medical service department, the police department of the Massachusetts Bay Transportation Authority, the state police or the public works building police, (2) any employee in the department of correction or a county correctional facility whose regular or incidental duties require the care, supervision or custody of prisoners, criminally insane persons or defective delinquents, (3) any permanent crash crewmen, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, (4) the members of the 104th fighter wing fire department or (5) members of the Massachusetts military reservation fire department, shall if they successfully passed a physical examination on entry into said service, which examination failed to reveal any evidence of said condition, shall be presumed to have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that the post-traumatic stress was caused by non-service connected risk factors or non-service connected exposure.

  This creates a legal presumption that PTSD diagnosed in specific first responders is work-related unless disproven.

• Chapter 32, Section 94C

  (c) Any person first diagnosed with post-traumatic stress disorder within 5 years of the last date on which said person actively served shall be eligible to apply for benefits pursuant to this section, and if granted, said benefits shall be payable as of the date on which the employee last received regular compensation.

  This allows certain individuals diagnosed with PTSD within five years of service to receive benefits retroactively.

• Chapter 32, Section 94C

  (d) Post-traumatic stress disorder shall not be presumed to have been suffered in the line of duty of it results from any disciplinary action, work evaluation, job transfer, layoff, demotion, termination, resignation, retirement or similar bona fide personnel action taken in good faith by the employer.

  This establishes that PTSD incurred from legitimate job actions does not qualify for the work-related presumption.

Sponsors

• Jr. Joseph W. McGonagle · Primary

Subjects