HF 2558

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/22/2021 09:18pm

A bill for an act
relating to public safety; revising posttraumatic stress syndrome benefits that law
enforcement agencies must provide peace officers; amending Minnesota Statutes
2020, section 299A.475.

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

Section 1.

Minnesota Statutes 2020, section 299A.475, is amended to read:

299A.475 POSTTRAUMATIC STRESS SYNDROME BENEFIT.

(a) A law enforcement agency shall provide benefits to any peace officer, as defined in
section 626.84, subdivision 1, paragraph (c), employed by the agency who:

(1) suffers a debilitating psychological reaction to a traumatic event;

(2) is diagnosed by a deleted text begin psychiatrist or a licensed psychologist deleted text end new text begin mental health professional new text end
as suffering from posttraumatic stress syndrome; and

(3) is determined by a deleted text begin psychiatrist or a licensed psychologist deleted text end new text begin mental health professional new text end
to be unable to perform other peace officer job duties offered by the employer through
reassignment.

A peace officer who meets all of the conditions of this paragraph is entitled to the benefits
described in paragraph (b). A peace officer who meets the conditions in clauses (1) and (2)
is entitled to the benefits in paragraph (b), clause (2). The availability of benefits does not
depend on whether there is also an accompanying physical injury or physical cause of the
condition.

(b) The benefits provided by the law enforcement agency shall include:

(1) payment by the employer for unreimbursed loss of wages during the time period the
officer is disabled, but not to exceed one year; and

(2) payment by the employer for unreimbursed expenses for medical treatment, including
psychiatric or psychological counseling, deleted text begin to cure and relieve the effects of the posttraumatic
stress syndrome during the time period the officer is disabled, but not to exceed one year deleted text end new text begin
to aid in treatment, management, and alleviation of posttraumatic stress syndrome for the
duration it takes the officer to get back to active duty not to exceed one year new text end .

(c) The employer may request a peace officer to undergo an examination by a deleted text begin psychiatrist
or licensed psychologist selected by the employer deleted text end new text begin mental health professional new text end .

(d) As used in this section, new text begin the following terms have the meanings given:
new text end

new text begin (1) "debilitating psychological reaction" means the disturbance causes clinically
significant distress or impairment in social, occupational, or other important areas of
functioning;
new text end

new text begin (2) "mental health professional" has the meaning given in section 245.462, subdivision
18; and
new text end

new text begin (3) new text end "traumatic event" means deleted text begin an event involving the employee lawfully taking the life of
or causing great bodily harm, as defined in section 609.02, subdivision 8, to another by
force or violence. "Debilitating psychological reaction" means that, following the traumatic
event, the peace officer is unable to perform the essential functions of the peace officer's
job without reassignment. deleted text end new text begin exposure to actual or threatened death, serious injury, or sexual
violence in one or more of the following ways:
new text end

new text begin (i) directly experiencing the traumatic event;
new text end

new text begin (ii) witnessing, in person, the event as it occurred to others;
new text end

new text begin (iii) learning that the traumatic event occurred to a close family member or close friend.
In cases of actual or threatened death of a family member or friend, the event must have
been violent or accidental; or
new text end

new text begin (iv) experiencing repeated or extreme exposure to aversive details of the traumatic event.
new text end

new text begin Exposure through electronic media, television, movies, or pictures does not constitute a
traumatic event unless the exposure is work-related.
new text end