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HB438

Workers' compensation; post-traumatic stress disorder, law-enforcement officers and firefighters.

Status:
Enacted

Chief Patron:
Steve Heretick (D)

Session:
2020 Regular Session

Summary

As Passed House of Origin. Workers' compensation; post-traumatic stress disorder; law-enforcement officers and firefighters.

Provides that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing of a qualifying event, defined as an incident or exposure occurring in the line of duty on or after July 1, 2020, (i) resulting in serious bodily injury or death to any person or persons; (ii) involving a minor who has been injured, killed, abused, or exploited; (iii) involving an immediate threat to life of the claimant or another individual;(iv) involving mass casualties; or (v) responding to crime scenes for investigation. Other conditions for compensability include (a) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (b) if the law-enforcement officer's or firefighter's undergoing of a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (c) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (d) if the post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter. The measure also establishes requirements for resilience and self-care technique training. This bill is identical to SB 561. (Less)
  • Bill History

  • 01/03/2020 - House: Prefiled and ordered printed; offered 01/08/20 20102221D
  • 01/03/2020 - House: Referred to Committee on Labor and Commerce
  • 01/14/2020 - House: Assigned L & C sub: Subcommittee #1
  • 01/20/2020 - House: Impact statement from DPB (HB438)
  • 01/28/2020 - House: House subcommittee amendments and substitutes offered
  • 01/28/2020 - House: Subcommittee recommends reporting with substitute (6-Y 2-N)
  • 01/28/2020 - House: Subcommittee recommends referring to Committee on Appropriations
  • 01/30/2020 - House: Reported from Labor and Commerce with substitute (19-Y 3-N)
  • 01/30/2020 - House: Referred to Committee on Appropriations
  • 01/30/2020 - House: Committee substitute printed 20106944D-H1
  • 02/03/2020 - House: Assigned App. sub: Compensation & General Government
  • 02/04/2020 - House: House subcommittee amendments and substitutes offered
  • 02/07/2020 - House: Subcommittee recommends reporting with substitute (7-Y 1-N)
  • 02/07/2020 - House: Committee substitute printed 20108008D-H2
  • 02/07/2020 - House: Reported from Appropriations with substitute (21-Y 0-N)
  • 02/07/2020 - House: Incorporates HB1596
  • 02/09/2020 - House: Read first time
  • 02/10/2020 - House: Read second time
  • 02/10/2020 - House: Committee on Labor and Commerce substitute rejected 20106944D-H1
  • 02/10/2020 - House: Committee on Appropriations substitute agreed to 20108008D-H2
  • 02/10/2020 - House: Engrossed by House - committee substitute HB438H2
  • 02/11/2020 - House: Read third time and passed House (96-Y 0-N)
  • 02/11/2020 - House: VOTE: Passage (96-Y 0-N)
  • 02/12/2020 - Senate: Constitutional reading dispensed
  • 02/12/2020 - Senate: Referred to Committee on Commerce and Labor
  • 02/14/2020 - House: Impact statement from DPB (HB438H2)
  • 02/17/2020 - Senate: Reported from Commerce and Labor (13-Y 1-N)
  • 02/17/2020 - Senate: Rereferred to Finance and Appropriations
  • 02/25/2020 - Senate: Reported from Finance and Appropriations (14-Y 0-N)
  • 02/26/2020 - Senate: Constitutional reading dispensed (38-Y 0-N)
  • 02/27/2020 - Senate: Read third time
  • 02/27/2020 - Senate: Passed Senate (40-Y 0-N)
  • 03/04/2020 - House: Enrolled
  • 03/04/2020 - House: Bill text as passed House and Senate (HB438ER)
  • 03/04/2020 - House: Impact statement from DPB (HB438ER)
  • 03/05/2020 - House: Signed by Speaker
  • 03/05/2020 - Senate: Signed by President
  • 03/12/2020 - House: Enrolled Bill communicated to Governor on March 12, 2020
  • 03/12/2020 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
  • 04/11/2020 - House: Governor's recommendation received by House
  • 04/11/2020 - House: Governor's substitute printed 20110003D-H3
  • 04/22/2020 - House: Placed on Calendar
  • 04/22/2020 - House: House concurred in Governor's recommendation BLOCK VOTE (95-Y 0-N)
  • 04/22/2020 - House: VOTE: (95-Y 0-N)
  • 04/22/2020 - Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/22/2020 - Senate: Reconsideration of Governor's recommendation agreed to (38-Y 1-N)
  • 04/22/2020 - Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/22/2020 - Governor: Governor's recommendation adopted
  • 04/22/2020 - House: Reenrolled
  • 04/22/2020 - House: Reenrolled bill text (HB438ER2)
  • 04/22/2020 - House: Signed by Speaker as reenrolled
  • 04/22/2020 - Senate: Signed by President as reenrolled
  • 04/22/2020 - House: Enacted, Chapter 1206 (effective 7/1/20)
  • 04/22/2020 - Governor: Acts of Assembly Chapter text (CHAP1206)