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A 5792

Relates to the monetary penalties for the crime of aggravated harassment or for discrimination

2025 Regular Session Introduced by Alec Brook-Krasny and 3 co-sponsors

The bill requires employers to provide up to 36 hours of confidential, workers’‑compensation covered mental health counseling for first responders after critical incidents, with ta

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · A 5792

Summary — A5792 (P.L.2025, c.134)

Title: Relates to workers’ compensation coverage for certain counseling services for first responders and confidentiality of certain mental‑health communications
Introduced: June 16, 2025 | Enacted: August 21, 2025 (P.L.2025, c.134)

Purpose

To improve access to short‑term, confidential mental‑health counseling for first responders after “critical incidents” by making that counseling compensable under New Jersey workers’ compensation law, and to protect confidentiality of certain peer/resiliency support communications among law enforcement officers.

Key provisions

  • Employers of first responders must provide, compensable under R.S.34:15‑1 et seq. (workers’ compensation):

    • Up to 12 hours of paid, confidential counseling with a licensed mental health professional following a “critical incident.”
    • If the mental health professional determines further care is likely to help, the employer must pay for up to an additional 24 hours of licensed counseling (total up to 36 hours).
    • All authorized counseling must be completed within 1 year of the first visit.
    • Counseling under this law is in addition to, and separate from, any employer‑sponsored health plan or group trust benefits.
    • The first responder may choose the mental health professional who provides counseling.
    • Employers may not require use of accrued annual/vacation, personal, sick, or other paid leave when counseling sessions occur during established work hours.

  • Confidentiality:

    • Mental‑health support interactions between a law enforcement officer and a resiliency program officer or peer support team member are confidential.
    • Disclosure is only required if the officer is reasonably believed to be a risk to self or others, or there is evidence of a crime.

Definitions (selected)

  • “First responder” (as amended): includes paid 9‑1‑1 first responder dispatchers, law enforcement officers, paid firefighters, paid EMS responders, paid members of incorporated first aid/ambulance/rescue squads, and other employees dispatched to emergencies.
  • “Critical incident”: broadly defined to include events such as firing or exchange of gunfire, serious bodily injury or death (including of minors), terrorist/hostage incidents, witnessing death/maiming or immediate aftermath, certain investigations involving violent crimes against minors, rescue where life was in danger, and drowning/near‑drowning investigations involving minors.
  • “Resiliency program officer” and “peer support team” are defined consistent with existing NJ resiliency program guidance.

Who is affected

  • First responders employed by public entities (police, fire, EMS, dispatchers, ambulance/rescue squads).
  • Public employers (municipalities, counties, fire districts, State agencies) — many of which are self‑insured — and insurers that provide workers’ compensation coverage.

Fiscal and operational impact

  • Office of Legislative Services (OLS) estimate: indeterminate annual increases in State and local expenditures and likely higher workers’ compensation premiums.
  • Costs depend on the number of qualifying incidents, average counseling and salary rates, and whether entities are self‑insured (majority of public entities are).
  • Employers bear the direct cost of counseling paid under workers’ compensation; increases to claims may affect self‑insured budgets or purchased insurance premiums.

Legislative history / timeline

  • Referred to Assembly Labor Committee: 2025‑06‑16 (committee amended to expand “first responder” to include dispatchers and EMS).
  • Passed Assembly: 2025‑06‑30 (80–0). Passed Senate: 2025‑06‑30 (39–0).
  • Substituted for companion S4590 and approved by Governor: 2025‑08‑21 (effective immediately).

Related bills

  • Companion: S4590
  • Prior-session: A6121

Note

The law is intended to increase timely access to culturally competent, first‑responder‑focused mental health care after traumatic workplace events and to encourage use of peer/resiliency supports by protecting confidentiality with limited safety and criminal‑activity exceptions.

Compiled from official sources — confirm details with the bill’s official record.

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