# Tenn. Code Ann. § 7-51-206: James "Dustin" Samples Act - PTSD workers' compensation claims for firefighters > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-206 ## Section - **Citation:** Tenn. Code Ann. § 7-51-206 - **Heading:** James "Dustin" Samples Act - PTSD workers' compensation claims for firefighters - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 7 / Chapter 51 / Section 7-51-206 ## Text (a) This section is known and may be cited as the "James 'Dustin' Samples Act." (b) As used in this section: (1) "Employer" means a municipality, county, metropolitan form of government, or other political subdivision of this state that employs firefighters; (2) "Fire department": (A) Means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes; and (B) Does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; (3) "Firefighter": (A) Means a regular or full-time, paid employee of the fire department of a municipality, county, municipal form of government, or other political subdivision of this state whose duties require the employee to actively engage in fire suppression, rescue services, or other emergency response tasks; and (B) Includes employees whose previous duties required the employee to respond to and be actively engaged in fire suppression, rescue services, or other emergency response tasks; (4) "In the line of duty" means in the course of employment and in the actual discharge of the duties of the position; (5) "Mental health professional" means an individual professionally licensed in this state to diagnose and treat post-traumatic stress disorders; (6) "Minor" means an individual who has not attained eighteen (18) years of age; (7) "Post-traumatic stress disorder" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association; and (8) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a bodily member, organ, or mental faculty. (c) (1) If a firefighter is diagnosed with post-traumatic stress disorder by a mental health professional as a result of responding to one (1) or more incidents with at least one (1) of the factors listed under subdivisions (c)(2)(A)-(D), then the injury is presumed to have been incurred in the line of duty and is compensable under the Workers' Compensation Law, compiled in title 50, chapter 6, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by non-service-connected risk factors or non-service-connected exposure. (2) The factors to be considered for purposes of determining whether an injury is presumed to have been incurred in the line of duty are as follows: (A) Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department; (B) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience; (C) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or (D) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died. (d) This section applies to a firefighter who is diagnosed with post-traumatic stress disorder within one (1) year of the firefighter's final date of employment with the employer fire department. (e) A mental condition resulting solely from disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer is not considered an injury sustained in the line of duty under this section. Added by 2023 Tenn. Acts, ch. 465, s 1, eff. 5/17/2023. (a) This section is known and may be cited as the "James 'Dustin' Samples Act." ent. (e) A mental condition resulting solely from disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer is not considered an injury sustained in the line of duty under this section. Added by 2023 Tenn. Acts, ch. 465, s 1, eff. 5/17/2023. (a) This section is known and may be cited as the "James 'Dustin' Samples Act." (b) As used in this section: (1) "Employer" means a municipality, county, metropolitan form of government, or other political subdivision of this state that employs firefighters; (2) "Fire department": (A) Means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes; and (B) Does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; (3) "Firefighter": (A) Means a regular or full-time, paid employee of the fire department of a municipality, county, municipal form of government, or other political subdivision of this state whose duties require the employee to actively engage in fire suppression, rescue services, or other emergency response tasks; and (B) Includes employees whose previous duties required the employee to respond to and be actively engaged in fire suppression, rescue services, or other emergency response tasks; (4) "In the line of duty" means in the course of employment and in the actual discharge of the duties of the position; (5) "Mental health professional" means an individual professionally licensed in this state to diagnose and treat post-traumatic stress disorders; (6) "Minor" means an individual who has not attained eighteen (18) years of age; (7) "Post-traumatic stress disorder" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association; and (8) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a bodily member, organ, or mental faculty. (1) "Employer" means a municipality, county, metropolitan form of government, or other political subdivision of this state that employs firefighters; (2) "Fire department": (A) Means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes; and (B) Does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; (A) Means a department of a municipality, county, or political subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes; and (B) Does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; al subdivision, or an organization, agency, or entity that offers its services, for or without pay, for the purpose of suppressing fires, performing rescue services, or for other emergency response purposes; and (B) Does not include law enforcement agencies, emergency medical agencies licensed by the Tennessee emergency medical services board, and rescue squads that do not provide fire protection; (3) "Firefighter": (A) Means a regular or full-time, paid employee of the fire department of a municipality, county, municipal form of government, or other political subdivision of this state whose duties require the employee to actively engage in fire suppression, rescue services, or other emergency response tasks; and (B) Includes employees whose previous duties required the employee to respond to and be actively engaged in fire suppression, rescue services, or other emergency response tasks; (A) Means a regular or full-time, paid employee of the fire department of a municipality, county, municipal form of government, or other political subdivision of this state whose duties require the employee to actively engage in fire suppression, rescue services, or other emergency response tasks; and (B) Includes employees whose previous duties required the employee to respond to and be actively engaged in fire suppression, rescue services, or other emergency response tasks; (4) "In the line of duty" means in the course of employment and in the actual discharge of the duties of the position; (5) "Mental health professional" means an individual professionally licensed in this state to diagnose and treat post-traumatic stress disorders; (6) "Minor" means an individual who has not attained eighteen (18) years of age; (7) "Post-traumatic stress disorder" has the same meaning as defined in the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association; and (8) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a bodily member, organ, or mental faculty. (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; or (E) Protracted loss or substantial impairment of a bodily member, organ, or mental faculty. (c) (1) If a firefighter is diagnosed with post-traumatic stress disorder by a mental health professional as a result of responding to one (1) or more incidents with at least one (1) of the factors listed under subdivisions (c)(2)(A)-(D), then the injury is presumed to have been incurred in the line of duty and is compensable under the Workers' Compensation Law, compiled in title 50, chapter 6, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by non-service-connected risk factors or non-service-connected exposure. (2) The factors to be considered for purposes of determining whether an injury is presumed to have been incurred in the line of duty are as follows: (A) Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department; (B) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience; (C) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or (D) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died. rgency department; (B) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience; (C) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or (D) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died. (1) If a firefighter is diagnosed with post-traumatic stress disorder by a mental health professional as a result of responding to one (1) or more incidents with at least one (1) of the factors listed under subdivisions (c)(2)(A)-(D), then the injury is presumed to have been incurred in the line of duty and is compensable under the Workers' Compensation Law, compiled in title 50, chapter 6, unless it is shown by a preponderance of the evidence that the post-traumatic stress disorder was caused by non-service-connected risk factors or non-service-connected exposure. (2) The factors to be considered for purposes of determining whether an injury is presumed to have been incurred in the line of duty are as follows: (A) Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department; (B) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience; (C) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or (D) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died. (A) Directly witnessing the death of a minor, or treating the injury of a minor, who subsequently died before or upon arrival at a hospital emergency department; (B) Directly witnessing an individual whose death involved a serious bodily injury of a nature that shocks the conscience; (C) Responding to an event where there was a victim with a serious bodily injury that shocks the conscience; or (D) Responding to an event where a responder, co-worker of a responder, or family member of a responder sustained a serious bodily injury or died. (d) This section applies to a firefighter who is diagnosed with post-traumatic stress disorder within one (1) year of the firefighter's final date of employment with the employer fire department. (e) A mental condition resulting solely from disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by the employer is not considered an injury sustained in the line of duty under this section. Added by 2023 Tenn. Acts, ch. 465, s 1, eff. 5/17/2023. ## Nearby sections - [Tenn. Code Ann. § 7-51-101 Emergency location of local government](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-101.md) - [Tenn. Code Ann. § 7-51-102 Power to act at emergency location](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-102.md) - [Tenn. Code Ann. § 7-51-103 Provisions control other laws](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-103.md) - [Tenn. Code Ann. § 7-51-201 Law enforcement officers and firefighters - Compensation for injury or death - Certain disabilities presumed to have been suffered in course of employment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-201.md) - [Tenn. Code Ann. § 7-51-202 Compensation for death of correctional employee or community services employee killed in the line of duty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-202.md) - [Tenn. Code Ann. § 7-51-203 Liability insurance for employee protection](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-203.md) - [Tenn. Code Ann. § 7-51-204 Fire department employee association dues](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-204.md) - [Tenn. Code Ann. § 7-51-205 Firefighters - Disease, cancer or death - Presumptions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-205.md) - [Tenn. Code Ann. § 7-51-206 James "Dustin" Samples Act - PTSD workers' compensation claims for firefighters](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-206.md) - [Tenn. Code Ann. § 7-51-207 [Repealed] Reserved](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-207.md) - [Tenn. Code Ann. § 7-51-208 [Repealed] Reserved](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-208.md) - [Tenn. Code Ann. § 7-51-209 Presumptive disability in acquiring infectious diseases in the line of duty by emergency rescue workers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-209.md) - [Tenn. Code Ann. § 7-51-210 Compensation for death of emergency responder in line of duty](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-210.md) - [Tenn. Code Ann. § 7-51-301 Minimum compensation of chief elected executive of certain municipalities](https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-301.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T7_C51_S7-51-206. Check the current official text before relying on it. Not legal advice.