A BILL TO BE ENTITLED
AN ACT PROVIDING THAT first responders are ENTITLED TO BENEFITS UNDER the WORKERS' COMPENSATION act FOR MENTAL OR NERVOUS INJURIES WHETHER OR NOT the INJURIES ARE ACCOMPANIED BY PHYSICAL INJURIES UNDER SPECIFIED CIRCUMSTANCES.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 97‑53 is amended by adding a new subdivision to read:
"(30)	Special provisions for employment‑related occupational diseases of first responders. ‑ The following rules apply in determining eligibility for compensation under this subdivision:
a.	The term "first responder," as used in this section, means a law enforcement officer, firefighter, or an emergency medical technician or paramedic employed by State or local government. A volunteer firefighter meeting the requirement of G.S. 58‑84‑5(3a) is also considered a first responder of the State or local government for purposes of this section.
b.	For the purposes of this section, posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association, suffered by a first responder without other injury is a compensable occupational disease that arises out of employment as a first responder and is due to causes and conditions that are characteristic of and peculiar to a particular trade, occupation, process, or employment if:
1.	The posttraumatic stress disorder resulted from the first responder acting within the course of his or her employment.
2.	The first responder is examined and subsequently diagnosed with such disorder by a licensed psychiatrist who is an authorized treating physician due to one or more of the following events:
I.	Seeing for oneself a deceased minor.
II.	Directly witnessing the death of a minor.
III.	Directly witnessing an injury to a minor who subsequently died before or upon arrival at a hospital emergency department.
IV.	Participating in the physical treatment of an injured minor who subsequently died before or upon arrival at a hospital emergency department.
c.	Manually transporting an injured minor who subsequently died before or upon arrival at a hospital emergency department.
d.	Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience.
e.	Directly witnessing a death, including suicide, that involved grievous bodily harm of a nature that shocks the conscience.
f.	Directly witnessing a homicide regardless of whether the homicide was criminal or excusable, including murder, mass killing as defined in 28 U.S.C. § 530C, manslaughter, self‑defense, misadventure, and negligence.
g.	Directly witnessing an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.
h.	Participating in the physical treatment of an injury, including an attempted suicide, to a person who subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.
i.	Manually transporting a person who was injured, including by attempted suicide, and subsequently died before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.
j.	A first responder witnessing the death of another first responder while engaged in the line of duty.
The disorder must be demonstrated by clear and convincing medical evidence. The time for notice of injury or death in cases of compensable posttraumatic stress disorder under this subdivision is measured from one of the qualifying events listed in sub‑subdivision b.2. of this subdivision, or the manifestation of the disorder, whichever is later.
A claim under this subdivision must be properly noticed within 52 weeks after the qualifying event. An employing agency of a first responder, including volunteer first responders, must provide educational training related to mental health awareness, prevention, mitigation, and treatment.
As used in this subdivision, the term "directly witnessing" means to see or hear for oneself and the term "manually transporting" means to perform physical labor to move the body of a wounded person for his or her safety or medical treatment."
SECTION 2.  This act becomes effective July 1, 2019.