Florida 2022 Regular Session

Florida House Bill H0117 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to communicable and infectious 2
16	16	diseases; providing a short title; amending s. 3
17	17	112.181, F.S.; revising and providing definitions; 4
18	18	providing a presumption to specified workers that an 5
19	19	impairment of health caused by COVID -19 or an 6
20	20	infectious disease happened in the line of duty; 7
21	21	requiring certain actions in order to be entitled to 8
22	22	the presumption; requiring emergency rescue or public 9
23	23	safety workers to file an incident or accident report 10
24	24	under certain conditions; providing applicability; 11
25	25	providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. This act may be cited as the "Sergeant Justin 16
30	30	White Act." 17
31	31	Section 2. Subsections (1), (2), and (5) and paragraph (a) 18
32	32	of subsection (6) of section 112.181, Florida Statutes, are 19
33	33	amended to read: 20
34	34	112.181 Firefighters, paramedics, emergency medical 21
35	35	technicians, law enforcement officers, correctional officers ; 22
36	36	special provisions relative to certain communicable and 23
37	37	infectious diseases.— 24
38	38	(1) DEFINITIONS.—As used in this section, the term: 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(a) "Body fluids" means blood and body fluids containing 26
52	52	visible blood and other body fluids to which universal 27
53	53	precautions for prevention of occupational transmission of 28
54	54	blood-borne pathogens, as established by the Centers for Disease 29
55	55	Control and Prevention, apply. For purposes of potential 30
56	56	transmission of COVID-19, meningococcal meningitis , or 31
57	57	tuberculosis, the term "body fluids" includes respiratory, 32
58	58	salivary, and sinus fluids, including droplets, sputum, and 33
59	59	saliva, mucous, and other fluids through which infectious 34
60	60	airborne organisms can be transmitted between persons. 35
61	61	(b) "COVID-19" has the same meaning as in s. 768.3 81(1). 36
62	62	(c)(b) "Emergency rescue or public safety worker" means 37
63	63	any person employed full time by the state or any political 38
64	64	subdivision of the state as a firefighter, paramedic, emergency 39
65	65	medical technician, law enforcement officer, or correctional 40
66	66	officer who, in the course of employment, runs a high risk of 41
67	67	occupational exposure to hepatitis, meningococcal meningitis, or 42
68	68	tuberculosis, COVID-19, or an infectious disease and who is not 43
69	69	employed elsewhere in a similar capacity. However, the term 44
70	70	"emergency rescue or public safety worker" does not include any 45
71	71	person employed by a public hospital licensed under chapter 395 46
72	72	or any person employed by a subsidiary thereof. 47
73	73	(d)(c) "Hepatitis" means hepatitis A, hepatitis B, 48
74	74	hepatitis non-A, hepatitis non-B, hepatitis C, or any other 49
75	75	strain of hepatitis generally recognized by the medical 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	community. 51
89	89	(e)(d) "High risk of occupational exposure" means that 52
90	90	risk that is incurred because a person subject to the provisions 53
91	91	of this section, in performing the basic duti es associated with 54
92	92	his or her employment: 55
93	93	1. Provides emergency medical treatment in a non -health-56
94	94	care setting where there is a potential for transfer of body 57
95	95	fluids between persons; 58
96	96	2. At the site of an accident, fire, or other rescue or 59
97	97	public safety operation, or in an emergency rescue or public 60
98	98	safety vehicle, handles body fluids in or out of containers or 61
99	99	works with or otherwise handles needles or other sharp 62
100	100	instruments exposed to body fluids; 63
101	101	3. Engages in the pursuit, apprehension, and arrest of law 64
102	102	violators or suspected law violators and, in performing such 65
103	103	duties, may be exposed to body fluids; or 66
104	104	4. Is responsible for the custody, and physical restraint 67
105	105	when necessary, of prisoners or inmates within a prison, jail, 68
106	106	or other criminal detention facility, while on work detail 69
107	107	outside the facility, or while being transported and, in 70
108	108	performing such duties, may be exposed to body fluids. 71
109	109	(f) "Infectious disease" means any condition or impairment 72
110	110	of health caused by a disease that has bee n declared a public 73
111	111	health emergency in accordance with s. 381.00315. 74
112	112	(g)(e) "Occupational exposure," in the case of hepatitis, 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	meningococcal meningitis, or tuberculosis, COVID-19, or an 76
126	126	infectious disease, means an exposure that occurs during the 77
127	127	performance of job duties that may place a worker at risk of 78
128	128	infection. 79
129	129	(2) PRESUMPTION; ELIGIBILITY CONDITIONS. —Any emergency 80
130	130	rescue or public safety worker who suffers a condition or 81
131	131	impairment of health that is caused by hepatitis, meningococcal 82
132	132	meningitis, or tuberculosis, COVID-19, or an infectious disease, 83
133	133	that requires medical treatment, and that results in total or 84
134	134	partial disability or death is shall be presumed to have a 85
135	135	disability suffered in the line of duty, unless the contrary is 86
136	136	shown by competent evidence; however, in order to be entitled to 87
137	137	the presumption, the emergency rescue or public safety worker 88
138	138	must, by written affidavit as provided in s. 92.50, verify by 89
139	139	written declaration that, to the best of his or her knowledge 90
140	140	and belief: 91
141	141	(a) In the case of a medical condition caused by or 92
142	142	derived from hepatitis, he or she has not: 93
143	143	1. Been exposed, through transfer of bodily fluids, to any 94
144	144	person known to have sickness or medical conditions derived from 95
145	145	hepatitis, outside the scope of his or her employment; 96
146	146	2. Had a transfusion of blood or blood components, other 97
147	147	than a transfusion arising out of an accident or injury 98
148	148	happening in connection with his or her present employment, or 99
149	149	received any blood products for the treatment of a coagulation 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	disorder since last undergoing medical tests for hepatitis, 101
163	163	which tests failed to indicate the presence of hepatitis; 102
164	164	3. Engaged in unsafe sexual practices or other high -risk 103
165	165	behavior, as identified by the Centers for Disease Control and 104
166	166	Prevention or the Surgeon General of the United States, or had 105
167	167	sexual relations with a person known to him or her to have 106
168	168	engaged in such unsafe sexual practices or other high -risk 107
169	169	behavior; or 108
170	170	4. Used intravenous drugs not prescribed by a physician. 109
171	171	(b) In the case of m eningococcal meningitis, in the 10 110
172	172	days immediately preceding diagnosis he or she was not exposed, 111
173	173	outside the scope of his or her employment, to any person known 112
174	174	to have meningococcal meningitis or known to be an asymptomatic 113
175	175	carrier of the disease. 114
176	176	(c) In the case of tuberculosis, in the period of time 115
177	177	since the worker's last negative tuberculosis skin test, he or 116
178	178	she has not been exposed, outside the scope of his or her 117
179	179	employment, to any person known by him or her to have 118
180	180	tuberculosis. 119
181	181	(d) In the case of COVID-19, in the 14 days immediately 120
182	182	preceding diagnosis he or she was not exposed, outside the scope 121
183	183	of his or her employment, to any person known to have COVID -19. 122
184	184	(e) In the case of an infectious disease, he or she 123
185	185	contracted the infectious dise ase during a public health 124
186	186	emergency declared in accordance with s. 381.00315 and was not 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	exposed, outside of the scope of his or her employment, to any 126
200	200	person known to have the infectious disease. 127
201	201	(5) RECORD OF EXPOSURES. —The employing agency shall 128
202	202	maintain a record of any known or reasonably suspected exposure 129
203	203	of an emergency rescue or public safety worker in its employ to 130
204	204	the diseases described in this section and shall immediately 131
205	205	notify the employee of such exposure. An emergency rescue or 132
206	206	public safety worker shall file an incident or accident report 133
207	207	with his or her employer of each instance of known or suspected 134
208	208	occupational exposure to hepatitis infection, meningococcal 135
209	209	meningitis, or tuberculosis, COVID-19, or an infectious disease . 136
210	210	(6) REQUIRED MEDICAL TESTS; PREEMPLOYMENT PHYSICAL. —In 137
211	211	order to be entitled to the presumption provided by this 138
212	212	section: 139
213	213	(a) An emergency rescue or public safety worker must, 140
214	214	prior to diagnosis, have undergone standard, medically 141
215	215	acceptable tests for evidence of the communicable disease for 142
216	216	which the presumption is sought, or evidence of medical 143
217	217	conditions derived therefrom, which tests fail to indicate the 144
218	218	presence of infection. This paragraph does not apply in the case 145
219	219	of meningococcal meningitis , COVID-19, or an infectious disease. 146
220	220	Section 3. This act shall take effect upon becoming a law. 147