Bill Text: CA AB1843 | 2023-2024 | Regular Session | Amended
Bill Title: Emergency ambulance employees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled) 2024-08-31 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0.). [AB1843 Detail]
Download: California-2023-AB1843-Amended.html
Amended
IN
Senate
August 28, 2024 |
Amended
IN
Senate
August 23, 2024 |
Amended
IN
Senate
August 19, 2024 |
Amended
IN
Senate
June 27, 2024 |
Amended
IN
Senate
June 24, 2024 |
Amended
IN
Assembly
May 16, 2024 |
Amended
IN
Assembly
March 06, 2024 |
Introduced by Assembly Member Rodriguez (Principal coauthor: Assembly Member Cervantes) |
January 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would instead require an EAP to provide up to 20 mental health treatments per issue per calendar year, and would include post-traumatic stress disorder in the definition of “issue” for purposes of those provisions. The bill would require an EAP to make a good faith
effort to ensure that a treatment provider under an EAP is trained and experienced in providing mental health services to first responders or emergency medical services personnel, as specified. The bill would also require an EAP to schedule an appointment with a mental health treatment provider within 48 hours, upon request of an emergency ambulance employee.
Existing law authorizes the act to be amended by a statute enacted by the Legislature with a
This bill would make legislative
findings to that effect.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 12.5 (commencing with Section 1799.300) is added to Division 2.5 of the Health and Safety Code, to read:CHAPTER 12.5. Peer Support Services for Emergency Ambulance Employees
1799.300.
(a) An emergency ambulance provider shall offer to all emergency ambulance employees, upon the employee’s request, peer support services. The services shall provide peer representatives, reflective of the provider’s workforce both in job positions and personal experiences, who are available to come to the aid of their fellow employees on a broad range of emotional or professional issues. The emergency ambulance provider shall incorporate selection criteria for peer support team members into program policies.1799.301.
(a) A peer support program shall be implemented through a labor-management agreement negotiated separately and apart from any collective bargaining agreement covering affected emergency ambulance employees. The labor-management agreement may cover topics, including any of the following:1799.302.
(a) In any civil, administrative, or arbitration proceeding, an emergency ambulance employee, whether or not a party to an action, has a right to refuse to disclose, and to prevent another from disclosing, a confidential communication between the emergency ambulance employee and a peer support team member made while the peer support team member was providing peer support services, or a confidential communication made to a crisis hotline or crisis referral service.1799.303.
(a) Except as otherwise provided in subdivision (b), an emergency ambulance employee who provides peer support services as a member of a peer support team and who has received training, and the ambulance agency that employs them, shall not be liable for damages, including personal injury, wrongful death, property damage, or other loss related to an act, error, or omission in performing peer support services, unless the act, error, or omission constitutes gross negligence or intentional misconduct.1799.304.
To be eligible for the confidentiality protections afforded by this chapter, a peer support team member shall complete a training course or courses on peer support approved by the emergency ambulance provider that may include, but is not limited to, the following:Mental Health.
(a)Every emergency ambulance employee shall receive employer-paid mental health and wellness education within 30 days of being hired and shall receive employer-paid mental health and wellness education each calendar year thereafter. Mental health and wellness education shall inform emergency ambulance employees of available mental health treatments and support services and provide general information regarding common mental health illnesses.
(b)Every emergency ambulance employee shall be entitled to employer-paid mental health services through an employee assistance program (EAP). The EAP coverage shall provide up to
20 mental health treatments per issue, per calendar year.
(1)The EAP shall schedule an appointment with a mental health treatment provider within 48 hours upon request of an emergency ambulance employee.
(2)The EAP shall make a good faith effort to ensure that mental health treatment providers available under the EAP are trained and experienced in providing mental health services to first responders or emergency medical services personnel, including seeking out providers who hold relevant certifications related to addressing trauma associated with first responders.
(c)Every emergency ambulance employee that qualifies for or is eligible to receive employer-provided health insurance shall have access to
health insurance plans that offer long-term mental health treatment services.
(d)The employer shall provide all workers’ compensation benefits, as set forth in Division 4 (commencing with Section 3200), to which the employee is entitled to receive, upon the filing of a workers’ compensation claim pursuant to Section 5401 by an emergency ambulance employee for a mental health illness, including, but not limited to, post-traumatic stress disorder.
(e)For purposes of this section, “issue” means episodes of mental health conditions such as stress, depression, grief, loss, relationship struggles, substance abuse, post-traumatic stress disorder, parenting challenges, and other mental health conditions as described within the EAP.
The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 884 of the Labor Code, are consistent with, and further the purpose of, the Emergency Ambulance Employee Safety and Preparedness Act.