2016 Arizona Revised Statutes
Title 38 - Public Officers and Employees
§ 38-962 Traumatic event counseling for peace officers, firefighters and public safety employees; exceptions; definitions

38-962. Traumatic event counseling for peace officers, firefighters and public safety employees; exceptions; definitions

(Rpld. 1/1/23)

A. Notwithstanding any other law, this state or a political subdivision of this state shall establish a program to provide any of the following persons who are exposed to any one of the following events while in the course of duty up to twelve visits of licensed counseling, which may be provided via telemedicine, paid for by the employer:

1. In the case of the peace officer, the use of deadly force or subjection to deadly force in the line of duty, regardless of whether the officer was physically injured.

2. In the case of a firefighter, witnessing the death of another firefighter while engaged in the line of duty.

3. In the case of a public safety employee:

(a) Visually witnessing the death or maiming or visually witnessing the immediate aftermath of such a death or maiming of one or more human beings.

(b) Responding to or being directly involved in a criminal investigation of a dangerous crime against a child punishable under section 13-705.

(c) Requiring rescue in the line of duty where one's life was endangered.

B. Payment by the employer for licensed counseling pursuant to this section does not create a presumption that a claim is compensable under section 23-1043.01, subsection B.

C. This section does not apply to a state employer that provides a program to its public safety employees that is characterized by all of the following:

1. The program is paid for by the employer.

2. The program provides licensed counseling for any issue. For licensed counseling related to trauma experienced while in the line of duty, the licensed counseling is provided on the request of the public safety employee and shall be in person.

3. Before July 1, 2017, the program offers at least six visits per year.

4. On or after July 1, 2017, the program offers at least twelve visits per year.

D. For the purposes of this section:

1. " Licensed counseling" means counseling provided by a licensed mental health professional pursuant to title 32, chapter 19.1 or chapter 33 if licensees under title 32, chapter 33 have training and expertise in treating trauma.

2. " Public safety employee" means:

(a) An individual who is a member of the public safety personnel retirement system or the corrections officer retirement plan.

(b) A probation officer, surveillance officer or juvenile detention officer who is employed by this state or a political subdivision of this state.