HOUSE OF REPRESENTATIVES

H.B. NO.

263

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the eligibility of Firefighters, emergency medical services personnel, and law enforcement officers to receive workers' compensation benefits for post-traumatic stress disorder.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Chapter 386, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"386- Firefighters; emergency medical service personnel; law enforcement officers; post-traumatic stress disorder. (a) Any firefighter, emergency medical service personnel, or law enforcement officer diagnosed with post-traumatic stress disorder by a licensed mental health professional shall be presumed to have incurred the post-traumatic stress disorder in the course of employment and the injury shall be compensable; provided that the presumption may be rebutted by a showing of proof by preponderance of the evidence that the post-traumatic stress disorder was not incurred in the course of employment.

(b) For the purposes of this section:

"Emergency medical services personnel" shall have the same meaning as in section 321-222.

"Firefighter" shall have the same meaning as in section 587D-1.

"Law enforcement officer" shall have the same meaning as in section 701-118.

"Licensed mental health professional" means any of the following:

(1) A person licensed as a psychologist pursuant to chapter 465;

(2) A board certified, or board eligible, licensed psychiatrist; or

(3) An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.

"Post-traumatic stress disorder" means a disorder that:

(1) Meets the diagnostic criteria for post-traumatic stress disorder specified by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, or a later edition adopted by the director; and

(2) Results in an impairment of a person's functioning in the person's community, employment, family, school, or social group."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2019; provided that this Act shall not apply to claims for workers' compensation benefits based on an injury occurring before the effective date of this Act.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Workers' Compensation; PTSD; Firefighters; Emergency Medical Service Personnel; Law Enforcement Officers

 

Description:

Establishes a rebuttable presumption that any firefighter, emergency medical service personnel, or law enforcement officer diagnosed with post-traumatic stress disorder incurred that injury while in the course of employment for the purposes of receiving workers' compensation benefits.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.