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TN lawmakers pass bill expanding firefighters' access to PTSD treatment

The "James Dustin Samples Act" is meant to make treatment for Post-Traumatic Stress Disorder more accessible.

KNOXVILLE, Tenn. — Tennessee lawmakers passed a bill that is meant to give firefighters more access to treatment for Post-Traumatic Stress Disorder.

The bill is named "The James Dustin Samples Act." Originally, the bill extended worker's compensation benefits to paid firefighters who are diagnosed with post-traumatic stress disorder.

It requires the state to create a grant program to help fund the expanded Worker's Compensation Law. Fire departments that develop training courses for mental health awareness would be eligible for the grant program.

Firefighters would also only be eligible for benefits to treat PTSD if they faced trauma as part of the job. For example, they would be eligible if they witnessed the death or injury of a minor, or if a minor dies at a hospital or while en route to a hospital.

Firefighters could also file for worker's compensation if they witness an "individual whose death involved a serious bodily injury of a nature that shocks the conscience," or if they see a survivor who had a similarly egregious injury.

Firefighters who respond to an event where a responder, co-worker of a responder, or family member was involved would also be eligible. They would be eligible for benefits if they are still employed when they're diagnosed with PTSD, or within a year of leaving the department.

Originally, the bill only applied to fire departments recognized by the state fire marshal's office, meaning only paid firefighters would be eligible for the benefits. The Senate version of the bill was amended to include fire departments that suppress fires, perform rescue services, or offer other emergency response services "for or without pay." This does not include volunteer fire fighters.

The bill also requires departments to reports analyzing the number of PTSD treatment claims, along with the costs of those claims.

"For years, there's been a bad stigma about mental health and fire services. And so, we're hoping that, with the help of state legislators, by passing the Dustin Samples Act we can change the stigma and help the ones who protect us get help," said Larry McAfee from the Knoxville Firefighters Association.

The bill is named after Captain James "Dustin" Samples from the Cleveland Fire Department, who died by suicide in 2020 after struggling with PTSD.

The bill passed the House and Senate unanimously. 

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