                                 CODE OF VIRGINIA

POST-TRAUMATIC STRESS DISORDER, ANXIETY DISORDER, OR DEPRESSIVE DISORDER
INCURRED BY LAW-ENFORCEMENT OFFICERS AND FIREFIGHTERS (§ 65.2-107)

A. As used in this section:
			&#8220;Anxiety disorder&#8221; means a disorder that meets the diagnostic
criteria for one or more of the anxiety disorders specified in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association.
			&#8220;Depressive disorder&#8221; 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.
			&#8220;Firefighter&#8221; means any (i) salaried firefighter, including
special forest wardens designated pursuant to § 10.1-1135, emergency medical
services personnel, and local or state fire scene investigator and (ii)
volunteer firefighter and volunteer emergency medical services personnel.
			&#8220;In the line of duty&#8221; 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.
			&#8220;Law-enforcement officer&#8221; means any (i) member of the State
Police Officers&#8217; Retirement System; (ii) member of a county, city, or town
police department; (iii) sheriff or deputy sheriff; (iv) Department of Emergency
Management hazardous materials officer; (v) city sergeant or deputy city
sergeant of the City of Richmond; (vi) Virginia Marine Police officer; (vii)
conservation police officer who is a full-time sworn member of the enforcement
division of the Department of Wildlife Resources; (viii) Capitol Police officer;
(ix) special agent of the Virginia Alcoholic Beverage Control Authority
appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1;
(x) for such period that the Metropolitan Washington Airports Authority
voluntarily subjects itself to the provisions of this chapter as provided in §
65.2-305, officer of the police force established and maintained by the
Metropolitan Washington Airports Authority; (xi) officer of the police force
established and maintained by the Norfolk Airport Authority; (xii) sworn officer
of the police force established and maintained by the Virginia Port Authority;
or (xiii) campus police officer appointed under Article 3 (§ 23.1-809 et seq.)
of Chapter 8 of Title 23.1 and employed by any public institution of higher
education.
			&#8220;Mental health professional&#8221; means a board-certified psychiatrist
or a psychologist licensed pursuant to Title 54.1 who has experience diagnosing
and treating post-traumatic stress disorder.
			&#8220;Post-traumatic stress disorder&#8221; means a disorder that meets the
diagnostic criteria for post-traumatic stress disorder as specified in the most
recent edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association.
			&#8220;Qualifying event&#8221; 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;

   2. Involving a minor who has been injured, killed, abused, or exploited;

   3. Involving an immediate threat to life of the claimant or another
   individual;

   4. Involving mass casualties; or

   5. Responding to crime scenes for investigation.

B. Post-traumatic stress disorder, anxiety disorder, or depressive disorder
incurred by a law-enforcement officer or firefighter is compensable under this
title if:

   1. 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 depressive
   disorder as a result of the individual&#8217;s undergoing a qualifying event;

   2. The post-traumatic stress disorder, anxiety disorder, or depressive
   disorder resulted from the law-enforcement officer&#8217;s or
   firefighter&#8217;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. 1910.134 and 29 C.F.R.
   1910.156;

   3. The law-enforcement officer&#8217;s or firefighter&#8217;s undergoing a
   qualifying event was a substantial factor in causing his post-traumatic stress
   disorder, anxiety disorder, or depressive disorder;

   4. Such qualifying event, and not another event or source of stress, was the
   primary cause of the post-traumatic stress disorder, anxiety disorder, or
   depressive disorder; and

   5. The post-traumatic stress disorder, anxiety disorder, or depressive
   disorder did not result from any disciplinary action, work evaluation, job
   transfer, layoff, demotion, promotion, termination, retirement, or similar
   action of the law-enforcement officer or firefighter.
   				Any such mental health professional shall comply with any workers&#8217;
   compensation guidelines for approved medical providers, including guidelines
   on release of past or contemporaneous medical records.

C. Notwithstanding any provision of this title, workers&#8217; compensation
benefits for any law-enforcement officer or firefighter payable pursuant to this
section shall (i) include any combination of medical treatment prescribed by a
board-certified psychiatrist or a licensed psychologist, temporary total
incapacity benefits under &#xA7; 65.2-500, and temporary partial incapacity
benefits under &#xA7; 65.2-502 and (ii) be provided for a maximum of 52 weeks
from the date of diagnosis. No medical treatment, temporary total incapacity
benefits under &#xA7; 65.2-500, or temporary partial incapacity benefits under
&#xA7; 65.2-502 shall be awarded beyond four years from the date of the
qualifying event that formed the basis for the claim for benefits under this
section. The weekly benefits received by a law-enforcement officer or a
firefighter pursuant to &#xA7; 65.2-500 or 65.2-502, when combined with other
benefits, including contributory and noncontributory retirement benefits, Social
Security benefits, and benefits under a long-term or short-term disability plan,
but not including payments for medical care, shall not exceed the average weekly
wage paid to such law-enforcement officer or firefighter.

D. No later than January 1, 2021, each employer of law-enforcement officers or
firefighters shall (i) make peer support available to such law-enforcement
officers and firefighters and (ii) refer a law-enforcement officer or
firefighter seeking mental health care services to a mental health professional.

E. Each fire basic training program conducted or administered by the Department
of Fire Programs or a municipal fire department in the Commonwealth shall
provide, in consultation with the Department of Behavioral Health and
Developmental Services, resilience and self-care technique training for any
individual who begins basic training as a firefighter on or after July 1, 2021.

HISTORY: 2020, cc. 1206, 1262; 2023, cc. 243, 244.