Title: Licensed Counseling for First Responders, Correctional Officers, and Correctional Probation Officers

Summary: Requiring an employing agency of a first responder to pay for licensed counseling for certain first responders; providing that such counseling is in addition to and separate from any benefits provided to the first responder; prohibiting the employing agency from requiring the first responder to use specified leave for such counseling under certain circumstances; requiring an employing agency of a correctional officer or a correctional probation officer to pay for licensed counseling for such officers under certain circumstances; providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease, etc.

Full Text:
An act relating to licensed counseling for first responders, correctional officers, and correctional probation officers; amending s. 112.1815, F.S.; defining terms; requiring an employing agency of a first responder to pay for licensed counseling for certain first responders; specifying that such counseling is limited to addressing specified events; providing that such counseling is in addition to and separate from any benefits provided to the first responder; requiring that such counseling be completed within a specified timeframe; prohibiting the employing agency from requiring the first responder to use specified leave for such counseling under certain circumstances; authorizing a first responder to select a licensed mental health professional and providing requirements for the employing agency related thereto; specifying the maximum amount an employer may pay for such counseling; providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease; requiring employing agencies to submit a specified annual report to the Chief Financial Officer, beginning on a specified date; amending s. 112.18155, F.S.; defining the term  correctional probation officer ; requiring an employing agency of a correctional officer or a correctional probation officer to pay for licensed counseling for such officers under certain circumstances; specifying that such counseling is limited to addressing specified events; providing that such counseling is in addition to and separate from any benefits provided to a correctional officer or a correctional probation officer; requiring that such counseling be completed within a specified timeframe; prohibiting the employing agency from requiring a correctional officer or a correctional probation officer to use specified leave for such counseling under certain circumstances; authorizing a correctional officer or a correctional probation officer to select a licensed mental health professional and providing requirements for the employing agency related thereto; specifying the maximum amount an employer may pay for such counseling; providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease; requiring employing agencies to submit a specified annual report to the Chief Financial Officer, beginning on a specified date; providing a declaration of important state interest; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (1) of section 112.1815, Florida Statutes, is amended, and subsection (7) is added to that section, to read: 112.1815 Firefighters, paramedics, emergency medical technicians, and law enforcement officers; special provisions for employment-related accidents and injuries.  (1)  As used in this section, the term: (a)   The term  First responder  as used in this section means a law enforcement officer as defined in s. 943.10, a firefighter as defined in s. 633.102, or an emergency medical technician or paramedic as defined in s. 401.23 employed by state or local government. A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also considered a first responder of the state or local government for purposes of this section. (b)    Licensed counseling  means counseling provided by a licensed mental health professional. (c)    Licensed mental health professional  means a psychiatrist licensed under chapter or chapter 459, a psychologist as defined in s. 490.003, or a licensed practitioner under chapter 491. (7)(a)   An employing agency of a first responder, including volunteer first responders, must pay for up to hours of licensed counseling for a first responder who experiences an event listed in subparagraph (5)(a)2. in the course of his or her employment. The licensed counseling may be used only to address an event listed in subparagraph (5)(a)2. The licensed counseling may be in person or through telehealth in accordance with s. 456.47. The licensed counseling is in addition to, and separate from, any benefits already provided by an employer sponsored health plan or a group health insurance trust fund. (b)   If a licensed mental health professional determines that the first responder needs additional hours of licensed counseling beyond the initial hours and that the additional hours of licensed counseling are likely to improve the first responder s condition, the employing agency of the first responder must pay for up to an additional hours of licensed counseling for the first responder. (c)   All hours of licensed counseling authorized under paragraphs (a) or (b) must be completed within year after the first responder s first visit to a licensed mental health professional. (d)   The employing agency of the first responder may not require the first responder to use his or her accrued annual or vacation leave, personal leave, or sick leave if the first responder s licensed counseling is scheduled during his or her established work hours. (e)   A first responder may select a licensed mental health professional for licensed counseling under this subsection. However, if the licensed mental health professional selected by the first responder declines to provide such counseling, the employing agency of the first responder is not required to secure the counseling services of that licensed mental health professional and must provide a list of other qualified licensed mental health professionals to the first responder. (f)   Payment by the employing agency of the first responder for licensed counseling under this subsection may not exceed $500 per hour and does not create a presumption that the first responder suffered a compensable occupational disease as defined in subsection (4) and s. 440.151(2). (g)   Beginning on March 1, 2024, and each March thereafter, each employing agency of first responders shall submit a report to the Chief Financial Officer. The report must contain all of the following: 1.   The total number of employees, by employment category, who have participated in the program. 2.   A breakdown for each employment category which includes: a.   The average number of visits per employee. b.   The average number of months an employee participated in the program. c.   The total number of employees who participated in the program and who subsequently filed a workers  compensation claim. d.   The total number of employees who have participated in the program and who received additional visits in addition to the hours provided. Section 2. Present paragraphs (b), (c), and (d) of subsection (1) of section 112.18155, Florida Statutes, are redesignated as paragraphs (c), (d), and (e), respectively, a new paragraph (b) is added to that subsection, and subsection (8) is added to that section, to read: 112.18155 Correctional officers and correctional probation officers;special provisions for posttraumatic stress disorders.  (1) As used in this section, the term: ( b)    Correctional probation officer  has the same meaning as in s. 943.10(3). (8) (a)   An employing agency of a correctional officer or a correctional probation officer must pay for up to hours of licensed counseling for a correctional officer or a correctional probation officer who experiences an event listed in paragraph (2)(b) in the course of his or her employment. The licensed counseling may be used only to address an event listed in paragraph (2)(b). The licensed counseling may be in person or through telehealth in accordance with s. 456.47. The licensed counseling is in addition to, and separate from, any benefits already provided by an employer-sponsored health plan or a group health insurance trust fund. (b)   If a licensed mental health professional determines that the correctional officer or correctional probation officer needs additional hours of licensed counseling beyond the initial hours and that the additional hours of licensed counseling are likely to improve the correctional officer s or the correctional probation officer s condition, the employing agency of the correctional officer or the correctional probation officer must pay for up to an additional hours of licensed counseling for the correctional officer or the correctional probation officer. (c)   All hours of licensed counseling authorized under paragraphs (a) or (b) must be completed within year after the correctional officer s or the correctional probation officer s first visit to a licensed mental health professional. (d)   The employing agency of the correctional officer or the correctional probation officer may not require the correctional officer or the correctional probation officer to use his or her accrued annual or vacation leave, personal leave, or sick leave if the licensed counseling is scheduled during his or her established work hours. (e)   A correctional officer or a correctional probation officer may select a licensed mental health professional for licensed counseling under this subsection. However, if the licensed mental health professional selected by the correctional officer or the correctional probation officer declines to provide such counseling, the employing agency of the correctional officer or the correctional probation officer is not required to secure the counseling services of that licensed mental health professional and must provide a list of other qualified licensed mental health professionals to the correctional officer or correctional probation officer. (f)   Payment by the employing agency of the correctional officer or the correctional probation officer for licensed counseling under this subsection may not exceed $500 per hour and does not create a presumption that the correctional officer or the correctional probation officer suffered a compensable occupational disease as defined in subsection (2) and s. 440.151(2). (g)   Beginning on March 1, 2024, and each March thereafter, each employing agency of correctional officers and correctional probation officers shall submit a report to the Chief Financial Officer. The report must contain all of the following: 1.   The total number of employees, by employment category, who have participated in the program. 2.   A breakdown for each employment category which includes: a.   The average number of visits per employee. b.   The average number of months an employee participated in the program. c.   The total number of employees who participated in the program and who subsequently filed a workers  compensation claim. d.   The total number of employees who have participated in the program and who received additional visits in addition to the hours provided. Section 3.  The Legislature determines and declares that this act fulfills an important state interest. Section 4. This act shall take effect July 1, 2023.