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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain health care providers for |
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workers' compensation benefits for post-traumatic stress disorder |
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arising from events in the course of employment during a public |
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health disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 408, Labor Code, is |
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amended by adding Section 408.0061 to read as follows: |
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Sec. 408.0061. COVERAGE FOR POST-TRAUMATIC STRESS DISORDER |
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FOR CERTAIN HEALTH CARE PROVIDERS. (a) In this section: |
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(1) "Health care provider" has the meaning assigned by |
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Section 105.001, Occupations Code. |
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(2) "Post-traumatic stress disorder" means a disorder |
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that meets the diagnostic criteria for post-traumatic stress |
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disorder specified by the American Psychiatric Association in the |
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Diagnostic and Statistical Manual of Mental Disorders, fifth |
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edition, or a later edition adopted by the commissioner of workers' |
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compensation. |
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(3) "Public health disaster" has the meaning assigned |
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by Section 81.003, Health and Safety Code. |
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(b) Post-traumatic stress disorder suffered by a health |
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care provider is a compensable injury under this subtitle only if it |
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is based on a diagnosis that: |
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(1) the disorder is caused by one or more events |
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occurring in the course and scope of the health care provider's |
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employment during a public health disaster; and |
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(2) the preponderance of the evidence indicates that |
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the event or events were a producing cause of the disorder. |
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(c) For purposes of this subtitle, the date of injury for |
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post-traumatic stress disorder suffered by a health care provider |
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is the date on which the health care provider first knew or should |
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have known that the disorder may be related to the health care |
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provider's employment. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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that date is governed by the law as it existed on the date the |
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compensable injury occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |