| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 2805 FILED ON: 1/16/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2533 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Adam J. Scanlon |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act relative to the safety of fire, police, and emergency medical technicians from contagious |
|---|
| 13 | 13 | | diseases. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Adam J. Scanlon14th Bristol1/16/2025 1 of 2 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 2805 FILED ON: 1/16/2025 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2533 |
|---|
| 19 | 19 | | By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No. |
|---|
| 20 | 20 | | 2533) of Adam J. Scanlon relative to presumptive disability retirement of certain fire, police, and |
|---|
| 21 | 21 | | emergency medical technicians. Public Health. |
|---|
| 22 | 22 | | The Commonwealth of Massachusetts |
|---|
| 23 | 23 | | _______________ |
|---|
| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 25 | 25 | | (2025-2026) |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | An Act relative to the safety of fire, police, and emergency medical technicians from contagious |
|---|
| 28 | 28 | | diseases. |
|---|
| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 30 | 30 | | of the same, as follows: |
|---|
| 31 | 31 | | 1 SECTION 1. Notwithstanding the provisions of any general or special law to the |
|---|
| 32 | 32 | | 2contrary, and for the purposes of any death, disability or medical services claim including claims |
|---|
| 33 | 33 | | 3under Chapter 32, Chapter 41 and Chapter 152 of the General Laws, any contagious disease, |
|---|
| 34 | 34 | | 4resulting in disability or death to a full-time uniformed member of a paid police department, fire |
|---|
| 35 | 35 | | 5department, municipal emergency medical service, correction officers, or court officers shall, if |
|---|
| 36 | 36 | | 6he or she successfully passed a physical examination on entry into such service or subsequent to |
|---|
| 37 | 37 | | 7such entry, which examination failed to reveal any evidence of such condition, be presumed to |
|---|
| 38 | 38 | | 8have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that |
|---|
| 39 | 39 | | 9non-service connected risk factors or non-service connected accidents or hazards undergone, or |
|---|
| 40 | 40 | | 10any combination thereof, caused such incapacity. The provisions of this section shall only apply |
|---|
| 41 | 41 | | 11if the disabling or fatal condition is a type of contagious disease which may, in general, result |
|---|
| 42 | 42 | | 12from exposure to blood and other body fluids of the sick, excluding the common cold. 2 of 2 |
|---|
| 43 | 43 | | 13 SECTION 2. The provisions of this section shall not apply to any person serving in such |
|---|
| 44 | 44 | | 14positions for fewer than five years at the time that such condition is first discovered, or should |
|---|
| 45 | 45 | | 15have been discovered. Any person first discovering any such condition within five years of the |
|---|
| 46 | 46 | | 16last date on which such person actively so served shall be eligible to apply for benefits |
|---|
| 47 | 47 | | 17hereunder, and such benefits, if granted, shall be payable as of the date on which the employee |
|---|
| 48 | 48 | | 18last received regular compensation. The provisions of this section shall not apply to any person |
|---|
| 49 | 49 | | 19serving in such position unless such person shall first establish that he has regularly responded to |
|---|
| 50 | 50 | | 20calls for police, fire or emergency medical service during some portion of the period of his |
|---|
| 51 | 51 | | 21service in such position. |
|---|
| 52 | 52 | | 22 SECTION 3. The provisions of this section shall also apply to any condition of Hepatitis |
|---|
| 53 | 53 | | 23A, B, or C, Tuberculosis, HIV, and any other contagious disease which is found by regulation by |
|---|
| 54 | 54 | | 24the commissioner of the department of public health to have a statistically significant correlation |
|---|
| 55 | 55 | | 25with police, fire or emergency medical service. |
|---|
| 56 | 56 | | 26 SECTION 4. Nothing herein shall preclude a member from applying for and receiving |
|---|
| 57 | 57 | | 27benefits under section seven or section nine, subject to the provisions of said sections. |
|---|