New York A 1589: Provides for mental health screening and creating a presumption that post-traumatic stress disorder is proximately caused by employment for law enforcement officers and emergency medical personnel

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A01589 Summary:

BILL NOA01589 

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SAME ASNo Same As

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SPONSORClark

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COSPNSR

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MLTSPNSR

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Add Art 48 §§48.01 - 48.05, Ment Hyg L

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Provides for mental health screening; creates a presumption that post-traumatic stress disorder is proximately caused by employment for law enforcement officers and emergency medical services personnel.

Go to top A01589 Actions:

BILL NOA01589 

&nbsp

01/10/2025referred to mental health

01/07/2026referred to mental health

Go to topA01589 Committee&nbspVotes:

Go to topA01589 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01589 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1589

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. CLARK -- read once and referred to the Committee
 on Mental Health

 AN ACT to amend the mental hygiene law, in relation to providing for
 mental health screening and creating a presumption that post-traumatic
 stress disorder is proximately caused by employment for law enforce-
 ment officers and emergency medical services personnel

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The mental hygiene law is amended by adding a new article
 2 48 to read as follows:
 3 ARTICLE 48
 4 EMERGENCY SERVICES PERSONNEL MENTAL HEALTH
 5 Section 48.01 Definitions.
 6 48.03 Mental health screening.
 7 48.05 Presumption of post-traumatic stress disorder.
 8 § 48.01 Definitions.
 9 As used in this article, the following terms shall have the following
 10 meanings:
 11 (a) "Emergency medical services personnel" means a licensed individual
 12 who functions within the emergency medical services system to provide
 13 emergency aid, including, but not limited to, firefighters and uniformed
 14 services.
 15 (b) "Law enforcement officer" means a salaried and commissioned or
 16 certified law enforcement officer of a police or sheriff's department or
 17 a peace officer who is part of or administered by the state or a poli-
 18 tical subdivision of the state.
 19 (c) "Uniformed services" means individuals employed by the state or a
 20 political subdivision of the state who wear a distinct uniform that
 21 differentiates such individuals from members of the general public and
 22 whose purpose is to maintain peace, security, safety and health of the
 23 public.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02613-01-5

 A. 1589 2

 1 § 48.03 Mental health screening.
 2 Any law enforcement officer or emergency medical services personnel
 3 shall be required to submit to pre-employment mental health screenings
 4 and shall undergo mental health evaluations as part of regular medical
 5 examinations. Such participation in screening and evaluations shall
 6 assist to monitor changes in the mental health of law enforcement offi-
 7 cers and emergency medical services personnel.
 8 § 48.05 Presumption of post-traumatic stress disorder.
 9 (a) If any law enforcement officer or emergency medical services
 10 personnel are diagnosed with post-traumatic stress disorder by a
 11 licensed physician, mental health professional or any practitioner qual-
 12 ified to make such a diagnosis, and the condition was not revealed
 13 during an initial employment medical screening examination or during a
 14 subsequent medical review conducted pursuant to section 48.03 of this
 15 article, such disorder shall be presumed to be proximately caused by
 16 employment as a law enforcement officer or emergency medical services
 17 personnel.
 18 (b) The presumption created in subdivision (a) of this section may be
 19 rebutted by a preponderance of evidence in a court of competent juris-
 20 diction showing that a law enforcement officer or emergency medical
 21 services personnel diagnosed with post-traumatic stress disorder engaged
 22 in conduct or activities outside of the scope of their employment that
 23 posed a significant risk of developing such disorder.
 24 (c) When the presumption created in this section does not apply, it
 25 shall not preclude any law enforcement officer or emergency medical
 26 services personnel from demon