HF 1234

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 07:01pm

A bill for an act
relating to labor; modifying peace officer duty disability provisions; requiring a
report; appropriating money; amending Minnesota Statutes 2022, sections
299A.465, subdivision 4; 352B.10, subdivisions 2a, 4; 352B.101; 353.031,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 352B;
353; 626.

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

Section 1.

Minnesota Statutes 2022, section 299A.465, subdivision 4, is amended to read:

Subd. 4.

Public employer reimbursement.

new text begin (a) new text end A public employer subject to this section
may annually apply by August 1 for the preceding fiscal year to the commissioner of public
safety for reimbursement deleted text begin to help defray a portion of its costs of complying with this section deleted text end .
new text begin Except as provided for in paragraph (b), new text end the commissioner shall provide deleted text begin an equal pro rata
share deleted text end new text begin reimbursement new text end to the public employer out of the public safety officer's benefit account
based on the availability of funds for each eligible officer, firefighter, and qualifying
dependents. Individual shares must not exceed the actual costs of providing coverage under
this section by a public employer.

new text begin (b) Beginning on January 1, 2024, a public employer is not eligible for reimbursement
under paragraph (a) unless the employer provides at least one of the following:
new text end

new text begin (1) annual wellness training to peace officers and firefighters who either are employed
or volunteer for the employer; or
new text end

new text begin (2) an employee assistance program or peer support program.
new text end

new text begin (c) Wellness training for peace officers under paragraph (b), clause (1), must incorporate
the learning objectives established by the Peace Officer Standards and Training Board under
section 626.8478. No later than February 1, 2024, the Minnesota Fire Initiative must create
a wellness training program for public employers to offer to firefighters to satisfy the
requirements of paragraph (b). Training programs established in the Hometown Heroes
Assistance Program under section 299A.477, subdivision 2, clause (4), satisfy the
requirements of paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2022, section 352B.10, subdivision 2a, is amended to read:

Subd. 2a.

Applying for benefits; accrual.

No application for disability benefits shall
be made until after the last day physically on the job. The disability benefit begins to accrue
the day following the last day for which the employee is paid sick leave or annual leave but
not earlier than 180 days before the date the application is filed. A member who is terminated
must file a written application in an office of the system or with a person authorized by the
executive director. new text begin Except as otherwise specified under section 352B.102, new text end applications must
comply with section 352.113, subdivision 2, paragraph (b).

Sec. 3.

Minnesota Statutes 2022, section 352B.10, subdivision 4, is amended to read:

Subd. 4.

Proof of disability.

(a) No disability benefits may be paid unless the member
provides adequate proof to the executive director of the existence of the disability.

(b) Adequate proof of a disability must include a written expert report by a licensed
physician, an APRN, or a licensed chiropractor, or with respect to a mental impairment, by
a licensed psychologist. new text begin Adequate proof of a disability based on a psychological condition,
as defined under section 352B.102, subdivision 1, clause (6), must include the medical
reports and assessments required under section 352B.102.
new text end

(c) Following the commencement of benefit payments, the executive director has the
right, at reasonable times, to require the disability benefit recipient to submit proof of the
continuance of the disability claimed.

Sec. 4.

Minnesota Statutes 2022, section 352B.101, is amended to read:

352B.101 APPLICATION FOR DISABILITY BENEFIT.

new text begin (a) Except as otherwise specified under section 352B.102 and paragraph (b), new text end a member
claiming a disability benefit must file a written application for benefits in the office of the
system in a form and manner prescribed by the executive director. The member shall provide
medical or psychological evidence to support the application. The benefit begins to accrue
the day following the start of disability or the day following the last day for which the
member was paid, whichever is later, but not earlier than 180 days before the date the
application is filed with the executive director.

new text begin (b) Notwithstanding any law to the contrary, an employee, as defined in section 352B.102,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 352B.102, subdivision 1, clause (6), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional
requirements under section 352B.102.
new text end

Sec. 5.

new text begin [352B.102] DUTY DISABILITY PROCEDURE; PSYCHOLOGICAL
CONDITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "mental illness" means the diagnosis of a mental illness by a mental health
professional, by meeting the criteria for a condition or conditions included in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association;
new text end

new text begin (2) "employee" means an individual diagnosed with a mental illness who is a:
new text end

new text begin (i) current member under section 352B.011, subdivision 10; or
new text end

new text begin (ii) former member under section 352B.011, subdivision 10, within 18 months of
termination of employment;
new text end

new text begin (3) "employing entity" means the entity that pays a state employee's salary and remits
retirement contributions;
new text end

new text begin (4) "mental health professional" has the meaning given in section 245I.02, subdivision
27;
new text end

new text begin (5) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
new text end

new text begin (6) "psychological condition" means a mental illness as defined in clause (1); and
new text end

new text begin (7) "treatment" includes but is not limited to active participation in the International
Association of Fire Fighters Center of Excellence for Behavioral Health Treatment and
Recovery.
new text end

new text begin Subd. 2. new text end

new text begin Application; dual diagnosis. new text end

new text begin (a) Notwithstanding any law to the contrary, and
except as provided in paragraph (b), the procedure in this section applies to an application
for a duty disability by an employee based on the employee's psychological condition.
new text end

new text begin (b) The additional procedure in this section does not apply to a duty disability application
under paragraph (a) that is also based on a dual diagnosis of a physical condition. An
employee with a dual diagnosis may, but is not required to, seek treatment under subdivisions
4 and 7, subject to the procedure in this section.
new text end

new text begin Subd. 3. new text end

new text begin Initial approval. new text end

new text begin (a) An employee who applies for duty disability under section
352B.10, subdivision 1, based on a psychological condition must first receive initial approval
under this subdivision.
new text end

new text begin (b) The executive director shall grant initial approval to an employee who submits, in
the form and manner specified by the executive director:
new text end

new text begin (1) one report by a mental health professional diagnosing the employee with a mental
illness and finding that the employee is currently unable to perform the normal duties of
the position held by the employee on the date of the injury, event, or onset of the mental
illness on a full- or part-time basis; and
new text end

new text begin (2) documentation from the employing entity certifying the dates that the employee was
on duty in a position covered under the State Patrol retirement plan.
new text end

new text begin (c) An employee who receives initial approval under this subdivision is not considered
disabled for the purposes of a duty disability under section 352B.10, subdivision 1. The
employee must complete the additional requirements under this section and receive final
approval under subdivision 6 before receiving duty disability benefits or related benefits.
new text end

new text begin (d) An employing entity shall submit the certification required under paragraph (b),
clause (2), within five business days of an employee's application, and the employee shall
receive initial approval no later than six business days after the employee's application,
whether or not the employing entity's certification has been submitted.
new text end

new text begin Subd. 4. new text end

new text begin Treatment required. new text end

new text begin (a) Except as provided in paragraph (f), an employee
who receives initial approval under subdivision 3 shall complete 24 consecutive weeks of
active treatment modalities for the employee's diagnosed mental illness, as provided under
this subdivision, before a final determination can be made under subdivision 6. An employee's
treatment shall be at the direction of a mental health professional using treatment modalities
indicated for the treatment of the diagnosed mental illness. An employee shall not be
penalized for an interruption in active, consecutive treatment that is not initiated by or
resulting from an intentional action of the employee. Subject to the limit under subdivision
9, the employing entity shall pay for the treatment costs and may seek reimbursement from
the commissioner of public safety.
new text end

new text begin (b) The employee's mental health professional must assess the employee's progress in
treatment monthly and at the end of the 24 weeks, including any change to the employee's
ability to return to the position held by the employee on the date of the injury, event, or
onset of the mental illness, or to another position with the employing entity which provides
salary and employing entity-provided benefits, including pension benefits, that are equal to
or greater than those for the position held by the employee on the date of the injury, event,
or onset of the mental illness. A final determination under subdivision 6 must be supported
by a report from the employee's mental health provider containing an opinion about the
employee's prognosis, the duration of the disability, and the expectations for improvement
following the treatment. A report that does not contain and support a finding that the
employee's disability as a result of a psychological condition will last for at least 12 months
must not be relied upon to support final approval of duty disability benefits.
new text end

new text begin (c) The employee may return to full- or part-time work prior to the completion of the
24 weeks of treatment if the employee's mental health professional determines that the
employee is medically able to do so.
new text end

new text begin (d) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the 24 weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employing entity's
approval.
new text end

new text begin (e) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (c) or (d), except as provided under subdivision 10.
new text end

new text begin (f) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 5. new text end

new text begin Continuation of salary and benefits. new text end

new text begin (a) Subject to subdivision 9, for the
period that an employee is seeking initial or final approval under subdivision 3 or 6, appealing
a determination thereof, or receiving treatment under subdivision 4 or 7, the employing
entity shall continue:
new text end

new text begin (1) to pay, for a current employee only, the employee's full salary and employing
entity-provided benefits, including any employing entity contribution to health care and
retirement benefits. The employing entity must proportionally reduce the salary paid to an
employee who is otherwise receiving benefits for the disability that provide compensation
for all or a portion of the employee's salary for the same time period. Nothing in this
paragraph requires an employing entity to pay more than 100 percent of the employee's
salary;
new text end

new text begin (2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury, event, or onset
of the mental illness under the employing entity's group health plan; and
new text end

new text begin (3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
new text end

new text begin (b) An employee shall obtain service credit for the treatment period required under
subdivision 4 or 7.
new text end

new text begin (c) Nothing in this section prevents an employing entity from providing benefits in
addition to those required by this section or otherwise affects an employee's rights with
respect to any other employment benefit.
new text end

new text begin Subd. 6. new text end

new text begin Final approval, denial, or continuation of treatment. new text end

new text begin (a) Following an
employee's completion of treatment under subdivision 4, the executive director shall review
an employee's application for duty disability as provided under sections 352B.10 and
352B.101, confirm that the treatment requirements are satisfied, and make one of the
following determinations:
new text end

new text begin (1) continue the initial approval for an additional eight weeks for the employee to
complete additional treatment, as provided under subdivision 7;
new text end

new text begin (2) deny the employee's application for duty disability because the employee is:
new text end

new text begin (i) able to return to full-time work in the position held by the employee on the date of
the injury, event, or onset of the mental illness;
new text end

new text begin (ii) able to return to another vacant full-time position with the employing entity which
provides salary and employing entity-provided benefits, including pension benefits, that
are equal to or greater than those for the position held by the employee on the date of the
injury, event, or onset of the mental illness, as certified by the employing entity in the form
and manner specified by the executive director; or
new text end

new text begin (iii) otherwise determined to be ineligible under sections 352B.10 and 352B.101; or
new text end

new text begin (3) approve the employee's application for duty disability because the employee is eligible
under sections 352B.10 and 352B.101, at which time the employee is entitled to receive
duty disability benefits as provided under this section and any related benefits. The
employee's duty disability benefit begins to accrue the day following the day on which the
employing entity ceases to continue salary and benefits under subdivision 5.
new text end

new text begin (b) Following completion of the additional treatment under subdivision 7, if applicable,
the executive director shall confirm that the employee has satisfied the additional treatment
requirements, review any updates to the employee's application for duty disability, and issue
a final approval or denial, as provided under paragraph (a), clauses (2) and (3).
new text end

new text begin (c) A fitness for duty presumption shall apply to an employee who is determined able
to return to work as provided under paragraph (a), clause (2), except as provided under
subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Additional treatment. new text end

new text begin (a) Except as provided in paragraph (g), if, after
completing the treatment required under subdivision 4, the mental health professional's
report determines that the employee is making progress in treatment, and the employee's
prognosis is expected to further improve with additional treatment, the executive director
shall continue the employee's initial approval under subdivision 6, paragraph (a), clause
(1), and the employee shall complete up to an additional eight consecutive weeks of active
treatment modalities as provided under this subdivision.
new text end

new text begin (b) Treatment shall be at the direction of a mental health professional using treatment
modalities indicated for the treatment of the employee's diagnosed mental illness. An
employee shall not be penalized for an interruption in active, consecutive treatment that is
not initiated by or resulting from an intentional action of the employee. Subject to subdivision
9, the employing entity shall pay for the treatment costs and may seek reimbursement from
the commissioner of public safety.
new text end

new text begin (c) The employee's mental health professional must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of the injury, event, or onset of the mental
illness, or to another position with the employing entity which provides salary and employing
entity-provided benefits, including pension benefits, that are equal to or greater than those
for the position held by the employee on the date of the injury, event, or onset of the mental
illness. A final determination under subdivision 6, paragraph (b), must be supported by an
updated report from the employee's mental health provider containing an opinion about the
employee's prognosis, the duration of the disability, and the expectations for improvement
following the additional treatment. An updated report that does not contain and support a
finding that the employee's disability as a result of a psychological condition will last for
at least 12 months must not be relied upon to support final approval of duty disability
benefits.
new text end

new text begin (d) The employee may return to full- or part-time work prior to the completion of the
eight weeks of treatment if the employee's mental health professional determines that they
are medically able to do so.
new text end

new text begin (e) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the eight weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employing entity's
approval.
new text end

new text begin (f) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (d) or (e), except as provided under subdivision 10.
new text end

new text begin (g) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 8. new text end

new text begin Treatment data. new text end

new text begin A "health record," as defined by section 144.291, subdivision
2, paragraph (c), arising from treatment sought under this section is classified as private
data on individuals, as defined by section 13.02, subdivision 12, and must not be accessed
by, shared with, or disclosed or disseminated to the Bureau of Criminal Apprehension,
including through discovery or subpoena, in any type of investigation or legal action.
new text end

new text begin Subd. 9. new text end

new text begin Employing entity reimbursement; limit. new text end

new text begin (a) Except as provided in paragraph
(c), an employing entity subject to this section may annually apply by August 1 for the
preceding fiscal year to the commissioner of public safety for reimbursement of:
new text end

new text begin (1) the treatment costs incurred by the employing entity under subdivision 4 or 7;
new text end

new text begin (2) the costs incurred to continue salary and benefits as required under subdivision 5;
and
new text end

new text begin (3) the salary-related costs incurred to backfill a position for the treatment period required
under subdivision 4 or 7.
new text end

new text begin (b) An employing entity must apply for the reimbursement in the form and manner
specified by the commissioner of public safety.
new text end

new text begin (c) No employing entity shall be required to pay for the salary, benefits, and treatment
costs required under subdivisions 4, 5, and 7 for a single employee more than three times
in ten years.
new text end

new text begin Subd. 10. new text end

new text begin Fitness for duty presumption. new text end

new text begin (a) An employee who is cleared or determined
able to return to work or light duty under subdivision 4, paragraph (e); 6, paragraph (c); or
7, paragraph (f), is presumed fit for duty, except as follows:
new text end

new text begin (1) an employing entity may request a fitness for duty exam by an independent medical
provider if the exam is completed within six weeks of the employing entity receiving the
determination from the treating mental health professional, and the independent medical
provider's report is completed no more than six weeks later;
new text end

new text begin (2) an employee found unfit for duty by an independent medical provider under clause
(1):
new text end

new text begin (i) is presumed eligible for a duty disability, as provided under subdivision 6, paragraph
(a), clause (3); or
new text end

new text begin (ii) may appeal the independent medical provider's determination by requesting a
fact-finding session conducted by an administrative law judge assigned by the Office of
Administrative Hearings; and
new text end

new text begin (3) the fitness-for-duty timeline under this paragraph may be modified by mutual
agreement of the employing entity and employee.
new text end

new text begin (b) Nothing in this section shall be deemed to affect the Americans with Disabilities
Act, United States Code, title 42, chapter 126; the Family Medical Leave Act, United States
Code, title 29, chapter 28; or the Minnesota Human Rights Act, chapter 363A.
new text end

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin No later than four years after the day following final enactment of
this act, the executive director, in coordination with employing entities, employees, and
mental health professionals, shall submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over labor and pensions regarding the impact
of this section on public safety duty disability trends and costs.
new text end

Sec. 6.

Minnesota Statutes 2022, section 353.031, subdivision 1, is amended to read:

Subdivision 1.

Application.

new text begin (a) new text end This section applies to all disability determinations for
the public employees general fund, the public employees police and fire fund, and the local
government correctional service retirement plan and any other disability determination
subject to approval by the board, except as otherwise specified in section new text begin 353.032, new text end 353.33,
353.656, or 353E.05. These requirements and the requirements of section 353.03, subdivision
3, are in addition to the specific requirements of each plan and govern in the event there is
any conflict between these sections and the procedures specific to any of those plans under
section 353.33, 353.656, or 353E.06.

new text begin (b) Notwithstanding any law to the contrary, an employee, as defined in section 353.032,
subdivision 1, clause (2), who applies for a duty disability benefit based on a psychological
condition, as defined in section 353.032, subdivision 1, clause (7), is not eligible for duty
disability benefits under this chapter until the employee has satisfied the additional
requirements under section 353.032.
new text end

Sec. 7.

new text begin [353.032] DUTY DISABILITY PROCEDURE; PSYCHOLOGICAL
CONDITION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "mental illness" means diagnosis of a mental illness by a mental health professional,
and meeting the criteria for a condition or conditions included in the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders published by the American
Psychiatric Association;
new text end

new text begin (2) "employee" means an individual diagnosed with a mental illness who is a:
new text end

new text begin (i) peace officer or firefighter;
new text end

new text begin (ii) paramedic, emergency medical technician, or supervisor or manager of paramedics
or emergency medical technicians employed at least half time;
new text end

new text begin (iii) member under section 353.64, subdivision 10; or
new text end

new text begin (iv) former member under section 353.64, subdivision 10, within 18 months of
termination;
new text end

new text begin (3) "employer" means an employer of a current or former member of the police and fire
plan;
new text end

new text begin (4) "firefighter" has the meaning given in section 299A.465, subdivision 5, paragraph
(c);
new text end

new text begin (5) "mental health professional" has the meaning given in section 245I.02, subdivision
27;
new text end

new text begin (6) "peace officer" has the meaning given in section 299A.465, subdivision 5, paragraph
(a);
new text end

new text begin (7) "psychological condition" means a mental illness, as defined in clause (1); and
new text end

new text begin (8) "treatment" includes but is not limited to active participation in the International
Association of Fire Fighters Center of Excellence for Behavioral Health Treatment and
Recovery.
new text end

new text begin Subd. 2. new text end

new text begin Application; dual diagnosis. new text end

new text begin (a) Notwithstanding any law to the contrary, and
except as provided in paragraph (b), the procedure in this section applies to an application
for a duty disability by an employee based on a psychological condition.
new text end

new text begin (b) The additional procedure in this section does not apply to a duty disability application
under paragraph (a) that is also based on a dual diagnosis of a physical condition. An
employee with a dual diagnosis may, but is not required to, seek treatment under subdivisions
4 and 7, subject to the procedure in this section.
new text end

new text begin Subd. 3. new text end

new text begin Initial approval. new text end

new text begin (a) An employee who applies for duty disability under section
353.656, subdivision 1, based on a psychological condition must first receive initial approval
as provided under this subdivision.
new text end

new text begin (b) The executive director shall grant initial approval to an employee who submits, in
the form and manner specified by the executive director:
new text end

new text begin (1) a report by a mental health professional diagnosing the employee with a mental
illness and finding that the employee is currently unable to perform the normal duties of
the position held by the employee on the date of the injury, event, or onset of the mental
illness on a full- or part-time basis; and
new text end

new text begin (2) documentation from the employer certifying the dates the employee was on duty in
a position covered under the police and fire plan.
new text end

new text begin (c) An employee who receives initial approval under this subdivision is not considered
disabled for the purposes of a duty disability under section 353.656, subdivision 1. The
employee must complete the additional requirements under this section and receive final
approval under subdivision 6 before receiving duty disability benefits or related benefits.
new text end

new text begin (d) An employer shall submit the certification required under paragraph (b), clause (2),
within five business days of an employee's application, and the employee shall receive initial
approval no later than six business days after the employee's application, whether or not
the employer's certification has been submitted.
new text end

new text begin Subd. 4. new text end

new text begin Treatment required. new text end

new text begin (a) Except as provided in paragraph (f), an employee
who receives initial approval under subdivision 3 shall complete 24 consecutive weeks of
active treatment modalities for the employee's diagnosed mental illness, as provided under
this subdivision, before a final determination can be made under subdivision 6. Treatment
shall be at the direction of a mental health professional using treatment modalities indicated
for the treatment of the diagnosed mental illness. An employee shall not be penalized for
an interruption in active, consecutive treatment that is not initiated by or resulting from an
intentional action of the employee. Subject to the limit under subdivision 9, the employer
shall pay for the treatment costs and may seek reimbursement.
new text end

new text begin (b) The employee's mental health professional must assess the employee's progress in
treatment monthly and at the end of the 24 weeks, including any change to the employee's
ability to return to the position held by the employee on the date of the injury, event, or
onset of the mental illness, or to another position with the employer which provides salary
and employer-provided benefits, including pension benefits, that are equal to or greater than
those for the position held by the employee on the date of the injury, event, or onset of the
mental illness. A final determination under subdivision 6 must be supported by a report
from the employee's mental health professional containing an opinion about the employee's
prognosis, the duration of the disability, and the expectations for improvement following
the treatment. A report that does not contain and support a finding that the employee's
disability as a result of a psychological condition will last for at least 12 months must not
be relied upon to support final approval of duty disability benefits.
new text end

new text begin (c) The employee may return to full- or part-time work prior to the completion of the
24 weeks of treatment if the employee's mental health professional determines that they are
medically able to do so.
new text end

new text begin (d) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the 24 weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employer's approval.
new text end

new text begin (e) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (c) or (d), except as provided under subdivision 10.
new text end

new text begin (f) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 5. new text end

new text begin Continuation of salary and benefits. new text end

new text begin (a) Subject to subdivision 9, for the
period that an employee is seeking initial or final approval under subdivision 3 or 6, appealing
a determination thereof, or receiving treatment under subdivision 4 or 7, the employer shall
continue:
new text end

new text begin (1) to pay, for a current employee only, the employee's full salary and employer-provided
benefits, including any employer contribution to health care and retirement benefits. The
employer must proportionally reduce the salary paid to an employee who is otherwise
receiving benefits for the disability that provide compensation for all or a portion of the
employee's salary for the same time period. Nothing in this paragraph requires an employer
to pay more than 100 percent of the employee's salary;
new text end

new text begin (2) to provide health insurance benefits to the employee and to the employee's dependents,
if the employee was receiving dependent coverage at the time of the injury, event, or onset
of the mental illness under the employer's group health plan; and
new text end

new text begin (3) to provide any other employment benefits provided to the employee under the
employee's currently applicable collective bargaining agreement.
new text end

new text begin (b) An employee shall obtain service credit for the treatment period required under
subdivision 4 or 7.
new text end

new text begin (c) Nothing prevents an employer from providing benefits in addition to those required
by this section or otherwise affects an employee's rights with respect to any other employment
benefit.
new text end

new text begin Subd. 6. new text end

new text begin Final approval, denial, or continuation of treatment. new text end

new text begin (a) Following completion
of treatment under subdivision 4, the association shall review an employee's application for
duty disability as provided under section 353.031, confirm the treatment requirements are
satisfied, and make one of the following determinations:
new text end

new text begin (1) continue the initial approval for an additional eight weeks for the employee to
complete additional treatment, as provided under subdivision 7;
new text end

new text begin (2) deny the employee's application for duty disability because the employee is:
new text end

new text begin (i) able to return to full-time work in the position held by the employee on the date of
the injury, event, or onset of the mental illness;
new text end

new text begin (ii) able to return to another vacant full-time position with the employer which provides
salary and employer-provided benefits, including pension benefits, that are equal to or
greater than those for the position held by the employee on the date of the injury, event, or
onset of the mental illness, as certified by the employer in the form and manner specified
by the executive director; or
new text end

new text begin (iii) otherwise determined to be ineligible under section 353.031; or
new text end

new text begin (3) approve the employee's application for duty disability because the employee is eligible
under section 353.031, at which time the employee is entitled to receive duty disability
benefits as provided under this section and any related benefits. The duty disability benefit
begins to accrue the day following the day on which the employer ceases to continue salary
and benefits under subdivision 5.
new text end

new text begin (b) Following completion of the additional treatment under subdivision 7, if applicable,
the association shall confirm the additional treatment requirements are satisfied, review any
updates to the employee's application for duty disability, and issue a final approval or denial,
as provided under paragraph (a), clauses (2) and (3).
new text end

new text begin (c) A fitness for duty presumption shall apply to an employee who is determined able
to return to work as provided under paragraph (a), clause (2), except as provided under
subdivision 10.
new text end

new text begin Subd. 7. new text end

new text begin Additional treatment. new text end

new text begin (a) Except as provided in paragraph (g), if, after
completing the treatment required under subdivision 4, the mental health professional's
report determines that the employee is making progress in treatment, and the employee's
prognosis is expected to further improve with additional treatment, the association shall
continue the employee's initial approval under subdivision 6, paragraph (a), clause (1), and
the employee shall complete up to an additional eight consecutive weeks of active treatment
modalities as provided under this subdivision.
new text end

new text begin (b) Treatment shall be at the direction of a mental health professional using treatment
modalities indicated for the treatment of the employee's diagnosed mental illness. An
employee shall not be penalized for an interruption in active, consecutive treatment that is
not initiated by or resulting from an intentional action of the employee. Subject to subdivision
9, the employer shall pay for the treatment costs and may seek reimbursement.
new text end

new text begin (c) The employee's mental health professional must assess the employee's progress in
treatment at the end of eight weeks, including any change to the employee's ability to return
to the position held by the employee on the date of the injury, event, or onset of the mental
illness, or to another position with the employer which provides salary and employer-provided
benefits, including pension benefits, that are equal to or greater than those for the position
held by the employee on the date of the injury, event, or onset of the mental illness. A final
determination under subdivision 6, paragraph (b), must be supported by an updated report
from the employee's mental health professional containing an opinion about the employee's
prognosis, the duration of the disability, and the expectations for improvement following
the additional treatment. An updated report that does not contain and support a finding that
the employee's disability as a result of a psychological condition will last for at least 12
months must not be relied upon to support final approval of duty disability benefits.
new text end

new text begin (d) The employee may return to full- or part-time work prior to the completion of the
eight weeks of treatment if the employee's mental health professional determines that they
are medically able to do so.
new text end

new text begin (e) The employee may return to light duty assignments, subject to availability of a
position, prior to the completion of the eight weeks of treatment, if deemed medically
appropriate by the employee's mental health professional and with the employer's approval.
new text end

new text begin (f) A fitness for duty presumption shall apply to an employee who is cleared to return
to work or light duty under paragraph (d) or (e), except as provided under subdivision 10.
new text end

new text begin (g) No employee shall be required to complete treatment under this subdivision more
than three times in ten years.
new text end

new text begin Subd. 8. new text end

new text begin Treatment data. new text end

new text begin A "health record," as defined by section 144.291, subdivision
2, paragraph (c), arising from treatment sought under this section is classified as private
data on individuals, as defined by section 13.02, subdivision 12, and must not be accessed
by, shared with, or disclosed or disseminated to the Bureau of Criminal Apprehension,
including through discovery or subpoena, in any type of investigation or legal action.
new text end

new text begin Subd. 9. new text end

new text begin Employer reimbursement; limit. new text end

new text begin (a) Except as provided in paragraph (c), an
employer subject to this section may annually apply by August 1 for the preceding fiscal
year to the commissioner of public safety for reimbursement of:
new text end

new text begin (1) the treatment costs incurred by the employer under subdivision 4 or 7;
new text end

new text begin (2) the costs incurred to continue salary and benefits as required under subdivision 5;
and
new text end

new text begin (3) the salary-related costs incurred to backfill a position for the treatment period required
under subdivision 4 or 7.
new text end

new text begin (b) An employer must apply for the reimbursement in the form and manner specified
by the commissioner of public safety.
new text end

new text begin (c) No employer shall be required to pay for the salary, benefits, and treatment costs
required under subdivisions 4, 5, and 7 for a single employee more than three times in ten
years.
new text end

new text begin Subd. 10. new text end

new text begin Fitness for duty presumption. new text end

new text begin (a) An employee who is cleared or determined
able to return to work or light duty under subdivision 4, paragraph (e); 6, paragraph (c); or
7, paragraph (f), is presumed fit for duty, except as follows:
new text end

new text begin (1) an employer may request a fitness for duty exam by an independent medical provider
if the exam is completed within six weeks of the employer receiving the determination from
the treating mental health professional, and the independent medical provider's report is
completed no more than six weeks later;
new text end

new text begin (2) an employee found unfit for duty by an independent medical provider under clause
(1):
new text end

new text begin (i) is presumed eligible for a duty disability, as provided under subdivision 6, paragraph
(a), clause (3); or
new text end

new text begin (ii) may appeal the independent medical provider's determination by requesting a
fact-finding session conducted by an administrative law judge assigned by the Office of
Administrative Hearing; and
new text end

new text begin (3) the fitness-for-duty timeline under this paragraph may be modified by mutual
agreement of the employer and employee.
new text end

new text begin (b) Nothing in this section shall be deemed to affect the Americans with Disabilities
Act, United States Code, title 42, chapter 126; the Family Medical Leave Act, United States
Code, title 29, chapter 28; or the Minnesota Human Rights Act, chapter 363A.
new text end

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin No later than four years after the day following final enactment of
this act, the executive director, in coordination with employers, employees, and mental
health professionals, shall submit a report to the chairs and ranking minority members of
the legislative committees with jurisdiction over labor and pensions regarding the impact
of this section on public safety duty disability trends and costs.
new text end

Sec. 8.

new text begin [626.8478] WELLNESS TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Learning objectives and training course. new text end

new text begin (a) The board must create
learning objectives to prepare peace officers for the stressful and traumatic events that are
common to policing and teach officers methods to process and cope with the stress and
trauma inherent to policing. The learning objectives must be updated as the board considers
appropriate.
new text end

new text begin (b) The commissioner of public safety, in consultation with the board, must create a
training course that incorporates each of the learning objectives established by the board
under paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Preservice training required. new text end

new text begin (a) The learning objectives developed pursuant
to subdivision 1 must be included in the required curriculum of a professional peace officer
education program.
new text end

new text begin (b) A person is not eligible to take the peace officer licensing examination after July 1,
2024, unless the individual has received the training described in paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin In-service training required. new text end

new text begin Beginning July 1, 2024, the chief law enforcement
officer of every state and local law enforcement agency shall provide in-service wellness
training to every peace officer and part-time peace officer employed by the agency. The
training must comply with the learning objectives developed and approved by the board
and must meet board requirements for board-approved continuing education credit. A peace
officer with a license renewal date after June 30, 2024, is not required to complete this
training until the officer's next full three-year licensing cycle.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping required. new text end

new text begin The head of each local and state law enforcement
agency shall maintain written records of the agency's compliance with the requirements of
subdivision 3. The written records are subject to periodic review by the board and must be
made available to the board at its request.
new text end

Sec. 9. new text begin APPROPRIATIONS.
new text end

new text begin (a) Beginning in fiscal year 2024, an amount sufficient for the purposes of Minnesota
Statutes, sections 352B.102 and 353.032, including reimbursing employers for the costs of
treatment, payment of continued wages and benefits, and backfilling positions is appropriated
from the general fund to the commissioner of public safety.
new text end

new text begin (b) Beginning in fiscal year 2024, an amount sufficient for the purposes of reimbursing
employers under Minnesota Statutes, section 299A.465, subdivision 4, is appropriated from
the general fund to the commissioner of public safety.
new text end