Amends TCA Title 7, Chapter 51, Part 2.

This bill creates a legal presumption that any condition or impairment of health of regular, full-time firefighters caused by all forms of Non-Hodgkin's Lymphoma cancer, colon cancer, skin cancer, or multiple myeloma cancer resulting in hospitalization, medical treatment, or any disability occurred in the course of employment, unless the contrary is shown by competent medical evidence. Any condition or impairment of health that results in death will be presumed to be a loss of life in the line of duty, to have been in the line and course of employment, and to have been in the actual discharge of the duties of the firefighter's position, unless the contrary is shown by a physician board certified in oncology. Secondary employment or lifestyle habits, including, but not limited to smoking, may be considered when determining whether the presumption established in this bill applies.<br /> <br /> The presumption created by this bill will apply to fire departments recognized by the state fire marshal's office pursuant to the Fire Department Recognition Act and manned by regular and full-time employees, which have established or establish any form of compensation to be paid to firefighters for any condition or impairment of health that results in loss of life or personal injury in the line of duty or course of employment.<br /> <br /> Any firefighter desiring to utilize the presumption established in this bill must have:<br /> <br /> (1) Successfully passed a pre-employment physical medical examination, including a cancer screening;<br /> (2) Obtained an annual physical medical examination, including cancer screening, during the course of the firefighter's employment;<br /> (3) Been exposed to heat, smoke, and fumes, or carcinogenic, poisonous, toxic, or chemical substances, while performing the duties of a firefighter in the firefighter's capacity as an employee; and<br /> (4) Must have completed five or more consecutive years in service with the fire department that has established the form of compensation contemplated in bill. <br /> <br /> An eligible firefighter may file a medical claim pertaining to any condition or impairment of health caused by all forms of the cancers listed in this bill for up to five years after the most recent date of exposure.<br /> <br /> ON APRIL 30, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 316, AS AMENDED.<br /> <br /> AMENDMENT #1 clarifies that the presumption under this bill will be that the injury or death "arose out of employment" instead of a presumption that the injury or death "occurred in the course of employment." This amendment also revises the requirements for a physical so that firefighter employed before July 1, 2019, desiring to utilize the presumption under this bill must obtain a physical before July 1, 2020; firefighters hired on or after July 1, 2019, desiring to utilize the presumption must successfully pass a pre-employment physical medical examination; and all must obtain annual physical medical examinations.<br /> <br /> This amendment revises the provision whereby eligible firefighters may file a medical claim pertaining to any condition or impairment of health caused by all forms of the cancers listed in this bill for up to five years after the most recent date of exposure to instead provide that a firefighter may utilize the presumption for up to five years after the firefighter's most recent date of exposure.<br /> <br /> ON MAY 1, 2019, THE SENATE SUBSTITUTED HOUSE BILL 316 FOR SENATE BILL 1442, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 316, AS AMENDED.<br /> <br /> AMENDMENT #2 adds a short title to this bill, the "Barry Brady Act".<br /> <br />