Florida Senate - 2023                                     SB 314
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00428-23                                            2023314__
    1                        A bill to be entitled                      
    2         An act relating to licensed counseling for first
    3         responders; amending s. 112.1815, F.S.; requiring an
    4         employing agency of a first responder to pay for
    5         certain licensed counseling for first responders;
    6         requiring such counseling to be completed within a
    7         specified timeframe; prohibiting the employing agency
    8         from requiring the first responder to use specified
    9         leave for such counseling under certain circumstances;
   10         authorizing a first responder to select a licensed
   11         mental health professional and providing requirements
   12         for the employing agency related thereto; providing
   13         that payment by the employing agency for such
   14         counseling does not create a presumption of a
   15         compensable occupational disease; defining terms;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (7) is added to section 112.1815,
   21  Florida Statutes, to read:
   22         112.1815 Firefighters, paramedics, emergency medical
   23  technicians, and law enforcement officers; special provisions
   24  for employment-related accidents and injuries.—
   25         (7)(a) An employing agency of a first responder, including
   26  volunteer first responders, must pay for up to 12 hours of
   27  licensed counseling for a first responder who experiences an
   28  event listed in subparagraph (5)(a)2. in the course of his or
   29  her employment. The licensed counseling may be in person or
   30  through telehealth in accordance with s. 456.47.
   31         (b) If a licensed mental health professional determines
   32  that the first responder needs additional hours of licensed
   33  counseling beyond the initial 12 hours and that the additional
   34  hours of licensed counseling are likely to improve the first
   35  responder’s condition, the employing agency of the first
   36  responder must pay for up to an additional 24 hours of licensed
   37  counseling for the first responder.
   38         (c) All hours of licensed counseling authorized under
   39  paragraphs (a) and (b) must be completed within 1 year after the
   40  first responder’s first visit to a licensed mental health
   41  professional.
   42         (d) The employing agency of the first responder may not
   43  require the first responder to use his or her accrued annual or
   44  vacation leave, personal leave, or sick leave if the first
   45  responder’s licensed counseling is scheduled during his or her
   46  established work hours.
   47         (e) A first responder may select a licensed mental health
   48  professional for licensed counseling under this subsection.
   49  However, if the licensed mental health professional selected by
   50  the first responder declines to provide such counseling, the
   51  employing agency of the first responder is not required to
   52  secure the counseling services of that licensed mental health
   53  professional and must provide a list of other qualified licensed
   54  mental health professionals to the first responder.
   55         (f) Payment by the employing agency of the first responder
   56  for licensed counseling under this subsection does not create a
   57  presumption that the first responder suffered a compensable
   58  occupational disease as defined in subsection (4) and s.
   59  440.151(2).
   60         (g) As used in this subsection, the term:
   61         1. “Licensed counseling” means counseling provided by a
   62  licensed mental health professional.
   63         2. “Licensed mental health professional” means a
   64  psychiatrist licensed under chapter 458 or chapter 459 or a
   65  psychologist as defined in s. 490.003.
   66         Section 2. This act shall take effect July 1, 2023.