HB2301112th GA (Historical)Introduced

Amends TCA Section 7-51-209.

Present law establishes a legal presumption by which a person employed full time by the state or any political subdivision of the state, as a firefighter, paramedic, EMT, or EMT advanced (an "emergency rescue worker") who suffers a condition or impairment of health that is caused by HIV or hepatitis C virus, or a virus or other communicable disease for which a pandemic has been declared by the World Health Organization or the federal CDC and the governor have declared a state of emergency, and that results in total or partial disability or death is presumed to have a disability suffered in the line of duty, unless the contrary is shown by a preponderance of the evidence. The presumption is used to determine eligibility for certain employment-related benefits. In order to receive the presumption, an emergency rescue worker is required to have tested negative for the infectious disease for which the presumption is sought, and verify by written declaration that the worker has not engaged in certain high-risk activities. An emergency rescue worker employed after July 1, 2015, must undergo a pre-employment physical and test negative for the infectious disease, in order to receive the benefit of the presumption. Additionally, if there is a vaccine for the infectious disease and an emergency rescue worker refuses the vaccine without medical justification from a physician, the worker loses the benefit of the presumption.<br /> <br /> This bill adds law enforcement officers to the definition of "emergency rescue worker" for purposes of presumptive disability in acquiring infectious diseases in the line of duty.<br />

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Overview

Present law establishes a legal presumption by which a person employed full time by the state or any political subdivision of the state, as a firefighter, paramedic, EMT, or EMT advanced (an "emergency rescue worker") who suffers a condition or impairment of health that is caused by HIV or hepatitis C virus, or a virus or other communicable disease for which a pandemic has been declared by the World Health Organization or the federal CDC and the governor have declared a state of emergency, and that results in total or partial disability or death is presumed to have a disability suffered in the line of duty, unless the contrary is shown by a preponderance of the evidence. The presumption is used to determine eligibility for certain employment-related benefits. In order to receive the presumption, an emergency rescue worker is required to have tested negative for the infectious disease for which the presumption is sought, and verify by written declaration that the worker has not engaged in certain high-risk activities. An emergency rescue worker employed after July 1, 2015, must undergo a pre-employment physical and test negative for the infectious disease, in order to receive the benefit of the presumption. Additionally, if there is a vaccine for the infectious disease and an emergency rescue worker refuses the vaccine without medical justification from a physician, the worker loses the benefit of the presumption.<br /> <br /> This bill adds law enforcement officers to the definition of "emergency rescue worker" for purposes of presumptive disability in acquiring infectious diseases in the line of duty.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2022

Subjects
27155290386543753730

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