05 LC 21
8059
Senate
Bill 192
By:
Senators Thomas of the 54th, Thompson of the 5th and Mullis of the 53rd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring
and indemnifying law enforcement officers, firefighters, prison guards, and
publicly employed emergency medical technicians, so as to define certain terms;
to provide that any emergency rescue or public safety worker who suffers a
condition or impairment of health that is caused by hepatitis, meningococcal
meningitis, or tuberculosis, that requires medical treatment, and that results
in total or partial disability or death shall be presumed to have a disability
suffered in the line of duty unless the contrary is shown by competent evidence;
to provide for a verification that certain health related activities did not
take place; to provide for immunizations; to provide for applicability to
noncompulsory insurance; to provide for certain records and notices; to provide
for preconditions for such presumption to become operative; to provide for
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and
indemnifying law enforcement officers, firefighters, prison guards, and publicly
employed emergency medical technicians, is amended by inserting at the end
thereof a new part to read as follows:
"Part
3
45-9-108.
As
used in this part, the term:
(1)
'Body fluids' means blood and body fluids containing visible blood and other
body fluids to which universal precautions for prevention of occupational
transmission of bloodborne pathogens, as established by the Centers for Disease
Control and Prevention, apply. For purposes of potential transmission of
meningococcal meningitis or tuberculosis, the term includes respiratory,
salivary, and sinus fluids, including droplets, sputum, saliva, mucous, and
other fluids through which infectious airborne organisms can be transmitted
between persons.
(2)
'Emergency rescue or public safety worker' means any person employed full time
by the state or any political subdivision of the state as a firefighter,
paramedic, emergency medical technician, law enforcement officer, or
correctional officer who, in the course of employment, runs a high risk of
occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis
and who is not employed elsewhere in a similar capacity. Such term does not
include any person employed by a public hospital operated by the state or a
political subdivision of the state or any authority thereof or any person
employed by a subsidiary of any such hospital.
(3)
'Hepatitis' means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B,
hepatitis C, or any other strain of hepatitis generally recognized by the
medical community.
(4)
'High risk of occupational exposure' means that risk that is incurred because a
person subject to the provisions of this part, in performing the basic duties
associated with his or her employment:
(A)
Provides emergency medical treatment in a setting other than a health care
setting where there is a potential for transfer of body fluids between
persons;
(B)
At the site of an accident, fire, or other rescue or public safety operation, or
in an emergency rescue or public safety vehicle, handles body fluids in or out
of containers or works with or otherwise handles needles or other sharp
instruments exposed to body fluids;
(C)
Engages in the pursuit, apprehension, and arrest of law violators or suspected
law violators and, in performing such duties, may be exposed to body fluids;
or
(D)
Is responsible for the custody, and physical restraint when necessary, of
prisoners or inmates within a prison, jail, or other criminal detention
facility, while on work detail outside the facility, or while being transported
and, in performing such duties, may be exposed to body fluids.
(5)
'Occupational exposure,' in the case of hepatitis, meningococcal meningitis, or
tuberculosis, means an exposure that occurs during the performance of job duties
that may place a worker at risk of infection.
45-9-108.1.
Any
emergency rescue or public safety worker who suffers a condition or impairment
of health that is caused by hepatitis, meningococcal meningitis, or
tuberculosis, that requires medical treatment, and that results in total or
partial disability or death shall be presumed to have a disability suffered in
the line of duty unless the contrary is shown by competent evidence; provided,
however, that in order to be entitled to the presumption, the emergency rescue
or public safety worker must verify by sworn declaration that, to the best of
his or her knowledge and belief:
(1)
In the case of a medical condition caused by or derived from hepatitis, he or
she has not:
(A)
Been exposed, outside the scope of his or her employment, through transfer of
body fluids, to any person known to have sickness or medical conditions derived
from hepatitis;
(B)
Had a transfusion of blood or blood components, other than a transfusion arising
out of an accident or injury happening in connection with his or her present
employment, or received any blood products for the treatment of a coagulation
disorder since last undergoing medical tests for hepatitis, which tests failed
to indicate the presence of hepatitis;
(C)
Engaged in unsafe sexual practices or other high-risk behavior, as identified by
the Centers for Disease Control and Prevention or the Surgeon General of the
United States, or had sexual relations with a person known to him or her to have
engaged in such unsafe sexual practices or other high-risk behavior;
or
(D)
Used intravenous drugs not prescribed by a physician;
(2)
In the case of meningococcal meningitis, in the ten days immediately preceding
diagnosis, he or she was not exposed, outside the scope of his or her
employment, to any person known to have meningococcal meningitis or known to be
an asymptomatic carrier of the disease; and
(3)
In the case of tuberculosis, in the period of time since the worker’s last
negative tuberculosis skin test, he or she has not been exposed, outside the
scope of his or her employment, to any person known by him or her to have
tuberculosis.
45-9-108.2.
Whenever
any standard, medically recognized vaccine or other form of immunization or
prophylaxis exists for the prevention of a communicable disease for which a
presumption is granted under this part, if medically indicated in the given
circumstances pursuant to immunization policies established by the Advisory
Committee on Immunization Practices of the United States Public Health Service,
an emergency rescue or public safety worker may be required by his or her
employer to undergo the immunization or prophylaxis unless the worker´s
physician determines in writing that the immunization or other prophylaxis would
pose a significant risk to the worker´s health. Absent such written
declaration, failure or refusal by an emergency rescue or public safety worker
to undergo such immunization or prophylaxis disqualifies the worker from the
benefits of the presumption.
45-9-108.3.
This
part does not apply to benefits payable under or granted in a noncompulsory
policy of life insurance or disability insurance unless the insurer and insured
have negotiated for such additional benefits to be included in the policy
contract. However, the state or any political subdivision of the state may
negotiate a policy contract for life and disability insurance which includes
accidental death benefits or double indemnity coverage for any condition or
impairment of health suffered by an emergency rescue or public safety worker,
which condition or impairment is caused by a disease described in this part and
results in total or partial disability or death.
45-9-108.4.
The
employing agency shall maintain a record of any known or reasonably suspected
exposure of an emergency rescue or public safety worker in its employ to the
diseases described in this part and shall immediately notify the employee of
such exposure. An emergency rescue or public safety worker shall file an
incident or accident report with his or her employer of each instance of known
or suspected occupational exposure to hepatitis, meningococcal meningitis, or
tuberculosis.
45-9-108.5.
In
order to be entitled to the presumption provided by this part:
(1)
An emergency rescue or public safety worker must, prior to diagnosis, have
undergone standard, medically acceptable tests for evidence of the communicable
disease for which the presumption is sought, or evidence of medical conditions
derived therefrom, which tests fail to indicate the presence of infection. This
paragraph does not apply in the case of meningococcal meningitis;
and
(2)
On or after December 31, 2004, an emergency rescue or public safety worker may
be required to undergo a preemployment physical examination that tests for and
fails to reveal any evidence of hepatitis or tuberculosis.
45-9-108.6.
The
presumption provided in this part shall apply throughout this Code; provided,
however, that this part shall not change the provisions for determining
eligibility for disability retirement benefits under any retirement or pension
plan administered by the state or any political subdivision of the
state."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.