Bill requires workers’ comp to cover MDMA assisted therapy for peace officers, firefighters

According to Mike Williams with Williams & Associates, a government relations firm, there have been over $100 million worth of clinical trials using MDMA assisted therapy to treat PTSD and it has proven to be successful.

“In the clinical trials, they’ve seen about an 85 to 90% recovery rate where they no longer have symptoms of PTSD,” Williams said. “Mt. Sinai Medical Center said this is the first drug in 40 years that’s actually been used for treatment of PTSD and not just treating the symptoms of PTSD.”

The treatment is done through only three sessions where very low doses of MDMA are administered by a licensed psychiatrist. Additionally, the patient must stay in the presence of the psychiatrist until the effects of the medication wear off before they can leave.

“It breaks down the barriers and your inhibitions, so the person who’s suffering this traumatic thing can actually talk through it with their counselor,” Williams said. “It’s not something you can travel around with and play with.”

Currently, the use of MDMA to treat PTSD is pending FDA approval and therefore, the bill will not be enacted until the treatment receives FDA approval.

“The FDA has accepted the clinical trials and we expect it to be approved within 30 to 90 days,” Williams said. “That’s why the bill is contingent on FDA approval.”

“Section 23-972, Arizona Revised Statutes, as added by this act, does not become effective unless on or before December 31, 2025 the United States food and drug administration approves the use of methylenedioxymethamphetamine-assisted therapy (MDMA-AT) for the treatment of post-traumatic stress disorder,” reads SB 1677. “The department of health services shall notify the director of the Arizona legislative council and the director of the industrial commission of Arizona in writing on or before February 2, 2026 either: the date which the condition was met [or] that the condition was not met.”

PTSD among first responders

According to a study done by Harv Rev Psychiatry and published in PubMed, the prevalence of PTSD is substantially higher among first responders than the general population.

“First responders are exposed to potentially traumatic events repeatedly while on the job,” reads the study. “For example, LEOs, EMT/ paramedics, and FFs are exposed to death, serious injury, and violence at significantly higher rates than most civilian professionals. Given the high frequency and severity of traumatic exposures, it is not surprising that first responders are at an elevated risk for developing PTSD.”

PTSD rates among peace officers and firefighters reach up to 32% compared to a rate of 12% among the U.S. adult population.

In response to this, the Craig Tiger Act was enacted in 2018. This act requires employers to provide first responders with 36 licensed counseling visits per incident. Qualifying incidents include witnessing death or maiming, involvement in an offense involving a dangerous crime against a child, requiring rescue in the line of duty, using deadly force, witnessing the death of another first responder or investigating the drowning of a child.

The act is named after Officer Craig Tiger who was forced to use deadly force on a man who assaulted Tiger, his partner and civilians in a Phoenix park. Two years later, Tiger committed suicide. His death is believed to be the result of undiagnosed PTSD.

Now, this bill currently being heard in the House would extend that coverage to include MDMA assisted therapy.

“We’re hoping we can get this passed to help our first responders,” said Sen. Gowan, sponsor of the bill. “Anything we could do to help them normalize themselves at the end of the day I think is a benefit.”

Insurance companies’ objections

The main concern among insurance companies is the additional charges this could create.

Mark Osborn with 7710 Insurance, a specialty workers’ compensation that covers fire and EMS agencies, said that his concerns are that the cost and potential effects of this medication could be unknown.

“When I was doing workers’ comp in the 90s and the early 2000s, the wonder drug back then was opioids and that turned out to be an utter disaster, and we had to come in legislatively and tighten down that use of opioids,” Osborn said. “If there are addiction issues, if there are side effects, the cities and the towns through workers’ comp are not only responsible for dealing with PTSD, but also dealing with any side effects or any long term treatment.”

However, Williams said that the use of MDMA in the clinical trials was proven to be non-addictive.

In response to this, an amendment was added to the bill that would require the Industrial Commission of Arizona to assign reimbursement values in its schedule of fees and publish guidelines on billing and reimbursement practices of MDMA.

Additionally, Osborn said that this bill would forgo the current process which includes the medical provider and the insurance companies deciding the best course of action for the patient. If they disagree on what treatment should be used, a third-party medical professional is then consulted.

However, this bill states that if the psychiatrist or psychologist deem that MDMA treatment is necessary, workers’ compensation must cover it even if they think it is unnecessary.

Williams countered by saying that they wouldn’t necessarily be debating the “treatment” for PTSD because there is only treatment available to sufferers of PTSD.

“With PTSD, you only have one option which is counseling and talking through those scars,” Williams said. “So, what we’re talking about is a modality to more effectively recover the patient.”

SB 1677 passed through the Senate and unanimously passed the March 18 House Military Affairs & Public Safety Committee. More information on the bill can be found at https://apps.azleg.gov/BillStatus/BillOverview/81241?SessionId=128.