HF1118

Purpose

• Establish or revise an employee benefit program for peace officers who suffer a debilitating psychological reaction to a traumatic event, by requiring a law enforcement agency to provide PTSD-related benefits even if there is no physical injury.

Who is covered

• Peace officers employed by a law enforcement agency (as defined for peace officers) who are diagnosed with posttraumatic stress syndrome by a psychiatrist or licensed mental health professional and are determined to be unable to perform their current peace officer duties (even with reassignment).

What benefits are provided

• Wage replacement: The employer must pay unreimbursed lost wages during the disability period, up to a maximum of one year.
• Medical treatment costs: The employer must pay unreimbursed expenses for medical treatment, including psychiatric or psychological counseling, to cure or relieve PTSD during the disability period, up to one year.
• Treatment support period: Benefits cover the duration it takes to return to active duty, up to one year.
• Medical evaluation: The employer may require the officer to undergo an examination by a psychiatrist or licensed psychologist chosen by the employer.

Important conditions and scope

• Benefits are available whether or not there is a physical injury or another physical cause.
• The definition of “debilitating psychological reaction” includes distress or impairment that significantly affects social, occupational, or other important functioning.
• The definition of “traumatic event” includes events involving the officer lawfully taking a life or causing great bodily harm to another by force or violence, as defined by state law.
• The bill specifies what counts as exposure to trauma:
  • Direct experience of the event
  • Witnessing the event in person
  • Learning that the event happened to a close family member or close friend
  • Repeated or extreme exposure to aversive details of the event
• Exposure through electronic media (TV, movies, online) does not count as a traumatic event unless it is work-related.
• The term “mental health professional” follows a defined meaning in another section of state law.

Definitions and key terms clarified

• Debilitating psychological reaction: The officer cannot perform essential job functions without reassignment.
• Traumatic event: Involves taking a life or causing great bodily harm to another by force or violence.
• Mental health professional: As defined in a separate Minnesota statute (section 245.462, subdivision 18).
• Exposure: Various ways an officer may be exposed to trauma, including direct experience, witnessing, learning about it, or repeated exposure to details.

Significant changes to existing law

• Expands PTSD-related benefits to peace officers even when there is no accompanying physical injury.
• Requires employers to cover up to one year of wage losses and medical treatment costs related to PTSD.
• Introduces specific definitions for traumatic events and exposure, and allows employer-minitiated medical evaluations.
• Establishes that eligibility for benefits is tied to a debilitating psychological reaction and an impairment to perform essential duties, not to physical injuries.

Relevant terms - posttraumatic stress syndrome - posttraumatic stress disorder (PTSD) - debilitating psychological reaction - traumatic event - exposure (direct experience, witnessing, learning about, aversive details) - peace officer - law enforcement agency - employer - reassignment - unreimbursed loss of wages - unreimbursed medical treatment expenses - psychiatric or psychological counseling - mental health professional - exam/evaluation by psychiatrist or licensed psychologist - violent or forceful death or injury - marks of impairment in functioning