2014 Indiana Code TITLE 5. STATE AND LOCAL ADMINISTRATION ARTICLE 10. PUBLIC EMPLOYEE BENEFITS CHAPTER 13. EMERGENCY AND PUBLIC SAFETY EMPLOYEE DEATH AND DISABILITY PRESUMED INCURRED IN THE LINE OF DUTY
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IC 5-10-13
Chapter 13. Emergency and Public Safety Employee Death
and Disability Presumed Incurred in the Line of Duty
IC 5-10-13-1
"Exposure risk disease" defined
Sec. 1. As used in this chapter, "exposure risk disease" refers to:
(1) acquired immune deficiency syndrome (AIDS);
(2) anthrax;
(3) hepatitis;
(4) human immunodeficiency virus (HIV);
(5) meningococcal meningitis;
(6) smallpox; and
(7) tuberculosis.
As added by P.L.185-2002, SEC.3.
IC 5-10-13-2
"Employee" defined
Sec. 2. As used in this chapter, "employee" means an individual
who:
(1) is employed full time by the state or a political subdivision
of the state as:
(A) a member of a fire department (as defined in
IC 36-8-1-8);
(B) an emergency medical services provider (as defined in
IC 16-41-10-1);
(C) a member of a police department (as defined in
IC 36-8-1-9);
(D) a correctional officer (as defined in IC 5-10-10-1.5);
(E) a state police officer;
(F) a county police officer;
(G) a county sheriff;
(H) an excise police officer;
(I) a conservation enforcement officer;
(J) a town marshal;
(K) a deputy town marshal; or
(L) a member of a consolidated law enforcement department
established under IC 36-3-1-5.1;
(2) in the course of the individual's employment is at high risk
for occupational exposure to an exposure risk disease; and
(3) is not employed elsewhere in a similar capacity.
As added by P.L.185-2002, SEC.3. Amended by P.L.227-2005,
SEC.4.
IC 5-10-13-3
"High risk for occupational exposure" defined
Sec. 3. As used in this chapter, "high risk for occupational
exposure" means that risk is incurred by an individual in performing
the basic duties of the individual's employment, including:
(1) providing emergency medical treatment in a nonhealth care
setting where there is a potential for transfer of body fluids
between individuals;
(2) working at the scene of an accident, a fire, or other rescue
or public safety operation or in an emergency rescue vehicle or
public safety vehicle during which the individual has contact
with body fluids, containers of body fluids, hypodermic
needles, or other materials that have been exposed to body
fluids;
(3) engaging in the pursuit, apprehension, and arrest of law
violators or suspected law violators during which the individual
may be exposed to body fluids; or
(4) maintaining custody and physical restraint of prisoners or
inmates of a prison, a jail, or other criminal detention facility
during which the individual may be exposed to body fluids.
As added by P.L.185-2002, SEC.3.
IC 5-10-13-4
"Political subdivision" defined
Sec. 4. As used in this chapter, "political subdivision" has the
meaning set forth in IC 6-3.5-2-1.
As added by P.L.185-2002, SEC.3.
IC 5-10-13-5
Presumption that disability or death incurred in the line of duty
Sec. 5. (a) Except as provided in section 6 of this chapter, an
employee who:
(1) is diagnosed with a health condition caused by an exposure
risk disease that:
(A) requires medical treatment; and
(B) results in total or partial disability or death;
(2) by written affidavit has provided to the employee's employer
a verification described in subsection (b), (c), (d), (e), or (f);
and
(3) before the employee is diagnosed with a health condition
caused by hepatitis or tuberculosis, tests negative for evidence
of hepatitis or tuberculosis through medical testing;
is presumed to have a disability or death incurred in the line of duty.
(b) An employee who is diagnosed with a health condition caused
by hepatitis and, if the health condition results in disability or death,
wishes to have a presumption of disability or death incurred in the
line of duty apply to the employee shall, by written affidavit
executed before death, provide verification that the employee has
not:
(1) outside the scope of the employee's current employment,
been exposed through transfer of body fluids to an individual
known to have a medical condition caused by hepatitis;
(2) received blood products other than a transfusion received
because of an injury to the employee that occurred in the scope
of the employee's current employment;
(3) received blood products for the treatment of a coagulation
disorder since testing negative for hepatitis;
(4) engaged in sexual practices or other behavior identified as
high risk by the Centers for Disease Control and Prevention or
the Surgeon General of the United States;
(5) had sexual relations with another individual known to the
employee to have engaged in sexual practices or other behavior
described in subdivision (4); or
(6) used intravenous drugs that were not prescribed by a
physician.
(c) An employee who is diagnosed with a health condition caused
by meningococcal meningitis and, if the health condition results in
disability or death, wishes to have a presumption of disability or
death incurred in the line of duty apply to the employee shall, by
written affidavit executed before death, provide verification that the
employee, in the ten (10) days immediately preceding the diagnosis,
was not exposed to another individual known to:
(1) have meningococcal meningitis; or
(2) be an asymptomatic carrier of meningococcal meningitis;
outside the scope of the employee's current employment.
(d) An employee who is diagnosed with a health condition caused
by tuberculosis and, if the health condition results in disability or
death, wishes to have a presumption of disability or death incurred
in the line of duty apply to the employee shall, by written affidavit
executed before death, provide verification that the employee has
not, outside the scope of the employee's current employment, been
exposed to another individual known to have tuberculosis.
(e) An employee who is diagnosed with a health condition caused
by AIDS or HIV and, if the health condition results in disability or
death, wishes to have a presumption of disability or death incurred
in the line of duty apply to the employee shall, by written affidavit
executed before death, provide verification that the employee has
not:
(1) outside the scope of the employee's current employment,
been exposed through transfer of body fluids to an individual
known to have a medical condition caused by AIDS or HIV;
(2) received blood products other than a transfusion received
because of an injury to the employee that occurred in the scope
of the employee's current employment;
(3) received blood products for the treatment of a coagulation
disorder since testing negative for AIDS or HIV;
(4) engaged in sexual practices or other behavior identified as
high risk by the Centers for Disease Control and Prevention or
the Surgeon General of the United States;
(5) had sexual relations with another individual known to the
employee to have engaged in sexual practices or other behavior
described in subdivision (4); or
(6) used intravenous drugs that were not prescribed by a
physician.
(f) An employee who is diagnosed with a health condition caused
by smallpox and, if the health condition results in disability or death,
wishes to have a presumption of disability or death incurred in the
line of duty apply to the employee shall, by written affidavit
executed before death, provide verification that the employee has
not, outside the scope of the employee's current employment, been
exposed to another individual known to have smallpox.
(g) A presumption of disability or death incurred in the line of
duty may be rebutted by competent evidence.
(h) A meeting or hearing held to rebut a presumption of disability
or death incurred in the line of duty may be held as an executive
session under IC 5-14-1.5-6.1(b)(1).
As added by P.L.185-2002, SEC.3.
IC 5-10-13-6
Exception to presumption for vaccine or prevention measure
Sec. 6. If a standard, medically recognized vaccine or other
measure exists for the prevention of an exposure risk disease and the
vaccine or other measure is medically indicated for an employee
according to immunization policies established by the Advisory
Committee on Immunization Practices of the United States Public
Health Service, the following apply:
(1) If:
(A) the employee receives the vaccine or other measure as
required by the employee's employer; or
(B) the employee's physician provides written notice to the
employer that the vaccine or other measure would pose a
significant risk to the employee's health;
and the employee meets the other requirements of this chapter,
a presumption of disability or death incurred in the line of duty
under this chapter applies to the employee.
(2) If:
(A) the employee does not receive the vaccine or other
measure as required by the employee's employer; and
(B) the employee's physician has not provided written notice
that the vaccine or other measure would pose a significant
risk to the employee's health;
a presumption of disability or death incurred in the line of duty
under this chapter does not apply to the employee.
As added by P.L.185-2002, SEC.3.
IC 5-10-13-7
Employee report
Sec. 7. (a) An employee shall file a report with the employee's
employer of each known or reasonably suspected exposure to an
exposure risk disease in the scope of the employee's employment.
(b) The employer shall maintain a permanent record of a report
filed by an employee under subsection (a).
As added by P.L.185-2002, SEC.3.
IC 5-10-13-8
Insurance coverage for disability or death presumed incurred in
the line of duty
Sec. 8. (a) The state or a political subdivision of the state may
provide, in the life and disability insurance that covers employees of
the state or political subdivision, accidental death coverage or double
indemnity coverage for a health condition caused by a communicable
disease that results in total or partial disability or death that is
presumed to be a disability or death incurred in the line of duty under
this chapter.
(b) This chapter does not require an insurer that issues a
noncompulsory life insurance policy or a noncompulsory disability
insurance policy to include in the policy coverage for a disability or
death presumed incurred in the line of duty as described in this
chapter.
As added by P.L.185-2002, SEC.3.
IC 5-10-13-9
Other requirements for disability benefits not affected
Sec. 9. This chapter does not affect the requirements for
determining eligibility for disability benefits provided by the state or
a political subdivision of the state except to the extent of determining
whether an employee incurred a disability in the line of duty.
As added by P.L.185-2002, SEC.3.
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