West Virginia House Bill 2797 was signed into law and will allow mental health nurse practitioners and certified psychiatric physician assistants to diagnose post-traumatic stress disorder (PTSD) as a compensable injury or disease under workers’ compensation.

The mental health nurse practitioner or certified psychiatric physician assistant must hold a master’s degree or higher, as well as a terminal license within their profession and be qualified to treat PTSD. While diagnosis must be made my a mental health nurse practitioner who is qualified to treat PTSD, treatment can be offered by a different provider.

West Virginia currently only recognizes mental-only PTSD as a compensable injury in first responders, due to a law passed in 2021. This bill increases access to care for first responders, helping these populations to receive a diagnosis and begin treatment.

Additionally, the bill also removes the original sunset clause for the state’s PTSD presumption.