HB 84: "An Act relating to the presumption of compensability for a disability resulting from certain diseases for firefighters, emergency medical technicians, paramedics, and peace officers."
00 HOUSE BILL NO. 84 01 "An Act relating to the presumption of compensability for a disability resulting from 02 certain diseases for firefighters, emergency medical technicians, paramedics, and peace 03 officers." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 23.30.121(b) is amended to read: 06 (b) For a firefighter covered under AS 23.30.243, an emergency medical 07 technician, a paramedic, or a peace officer, 08 (1) there is a presumption that a claim for compensation for disability 09 as a result of the following diseases is within the provisions of this chapter: 10 (A) respiratory disease; 11 (B) cardiovascular events that are experienced within 72 hours 12 after exposure to smoke, fumes, or toxic substances; and 13 (C) the following cancers: 14 (i) primary brain cancer; 15 (ii) malignant melanoma;
01 (iii) leukemia; 02 (iv) non-Hodgkin's lymphoma; 03 (v) bladder cancer; 04 (vi) ureter cancer; 05 (vii) kidney cancer; [AND] 06 (viii) prostate cancer; and 07 (ix) breast cancer; 08 (2) notwithstanding AS 23.30.100(a), following termination of service, 09 the presumption established in (1) of this subsection extends to the firefighter, 10 emergency medical technician, paramedic, or peace officer for a period of three 11 calendar months for each year of requisite service but may not extend more than 60 12 calendar months following the last date of employment; 13 (3) the presumption established in (1) of this subsection applies only to 14 an active or former firefighter, emergency medical technician, paramedic, or peace 15 officer who has a disease described in (1) of this subsection that develops or manifests 16 itself after the firefighter, emergency medical technician, paramedic, or peace 17 officer has served in the state for at least seven years and who 18 (A) was given a qualifying medical examination upon 19 becoming a firefighter, emergency medical technician, paramedic, or peace 20 officer that did not show evidence of the disease; 21 (B) was given an annual medical examination [EXAM] during 22 each of the first seven years of employment that did not show evidence of the 23 disease; and 24 (C) with regard to diseases described in (1)(C) of this 25 subsection, demonstrates that, while in the course of employment as a 26 firefighter, emergency medical technician, paramedic, or peace officer, the 27 firefighter, emergency medical technician, paramedic, or peace officer was 28 exposed to a known carcinogen, as defined by the International Agency for 29 Research on Cancer or the National Toxicology Program, and the carcinogen is 30 associated with a disabling cancer; 31 (4) notwithstanding (3)(A) and (B) of this subsection, a firefighter,
01 emergency medical technician, paramedic, or peace officer who entered active 02 service as a firefighter, emergency medical technician, paramedic, or peace 03 officer before August 19, 2008, is entitled to the presumption set out in this 04 section if, before August 19, 2008, the firefighter, emergency medical technician, 05 paramedic, or peace officer received all medical examinations provided by the 06 department employing the firefighter, emergency medical technician, paramedic, 07 or peace officer and the examinations did not show evidence of the disease during 08 the first seven years of employment. 09 * Sec. 2. AS 23.30.121(c) is amended to read: 10 (c) The presumption set out in this section applies only to 11 (1) a firefighter who, at a minimum, holds a certificate as a Firefighter 12 I by the Department of Public Safety under firefighter testing and certification 13 standards established by the department under authority of AS 18.70.350(1) or other 14 applicable statutory authority; 15 (2) a peace officer; 16 (3) an emergency medical technician; and 17 (4) a paramedic. 18 * Sec. 3. AS 23.30.121(d) is amended to read: 19 (d) The provisions of (b)(1)(A) and (B) of this section do not apply to a 20 firefighter, emergency medical technician, paramedic, or peace officer who 21 develops a cardiovascular or lung condition and who has a history of tobacco product 22 use as established under (e)(2) of this section. 23 * Sec. 4. AS 23.30.121(e) is amended to read: 24 (e) The department shall, by regulation, define 25 (1) for purposes of (b)(1) - (3) of this section, the type and extent of the 26 medical examination that is needed to eliminate evidence of the disease in an active or 27 former firefighter, emergency medical technician, paramedic, or peace officer; and 28 (2) for purposes of (d) of this section, the nature and quantity of a 29 person's tobacco product use; the standards adopted under this paragraph shall use or 30 be based on existing medical research. 31 * Sec. 5. AS 23.30.121(f) is amended to read:
01 (f) In this section, 02 (1) "emergency medical technician" has the meaning given in 03 AS 18.08.200; 04 (2) "firefighter" means 05 (A) a person employed by a state or municipal fire 06 department or who is a member of a volunteer fire department registered 07 with the state fire marshal; or 08 (B) a person registered for purposes of workers' 09 compensation with the state fire marshal as a member of a volunteer fire 10 department; 11 (3) "paramedic" has the meaning given in AS 12.55.185; 12 (4) "peace officer" has the meaning given in AS 11.81.900 13 [AS 09.65.295]. 14 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. AS 23.30.121, as amended by this Act, applies to claims made on 17 or after the effective date of this Act. 18 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 REVISOR'S INSTRUCTION. The revisor of statutes is encouraged to update the 21 catch line of AS 23.30.121 to reflect the changes to that section made in this Act.