Senate Bill 314 (2023) — Licensed counseling for first responders
SB 314
Florida Bills
Florida Senate - 2023 SB By Senator Rodriguez 40-00428-23 2023314__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to licensed counseling for first responders; amending s. 112.1815, F.S.; requiring an employing agency of a first responder to pay for certain licensed counseling for first responders; 5 requiring such counseling to 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; 9 authorizing a first responder to select a licensed mental health professional and providing requirements for the employing agency related thereto; providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease; defining terms; 15 providing an effective date. 16
Be It Enacted by the Legislature of the State of Florida: 18
Section 1. Subsection (7) is added to
section 112.1815, 20 Florida Statutes, to read: 21 112.1815 Firefighters, paramedics, emergency medical technicians, and law enforcement officers; special provisions for employment-related accidents and injuries.— 24 (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 in person or Florida Senate - 2023 SB 314 40-00428-23 2023314__ CODING: Words stricken are deletions; words underlined are additions. through telehealth in accordance with s. 456.47. 30
(
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. 37
(
c) All hours of licensed counseling authorized under paragraphs
(
a) and
(
b) must be completed within year after the first responder’s first visit to a licensed mental health professional. 41
(
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. 46
(
e) A first responder may select a licensed mental health professional for licensed counseling under this subsection. 48 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. 54
(
f) Payment by the employing agency of the first responder for licensed counseling under this subsection does not create a presumption that the first responder suffered a compensable occupational disease as defined in subsection (4) and s. 58 Florida Senate - 2023 SB 314 40-00428-23 2023314__ CODING: Words stricken are deletions; words underlined are additions. 440.151(2). 59
(
g) As used in this subsection, the term: 60 1. “Licensed counseling” means counseling provided by a licensed mental health professional. 62 2. “Licensed mental health professional” means a psychiatrist licensed under
chapter or
chapter or a psychologist as defined in s. 490.003. 65