EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 538
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By: Senator Kramer
Introduced and read first time: February 3, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Workers’ Compensation – Occupational Disease Presumptions – Hypertension 2
FOR the purpose of repealing the requirement that certain firefighters, fire fighting 3
instructors, rescue squad members, advanced life support unit members, and 4
members of the Office of the State Fire Marshal experience partial or total disability 5
or death for hypertension to be presumed to be an occupational disease that was 6
suffered in the line of duty and is compensable under workers’ compensation law; 7
and generally relating to occupational disease presumptions under workers’ 8
compensation law. 9
BY repealing and reenacting, with amendments, 10
Article – Labor and Employment 11
Section 9–503(a) 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Labor and Employment 17
9–503. 18
(a) (1) A paid firefighter, paid fire fighting instructor, paid rescue squad 19
member, paid advanced life support unit member, or sworn member of the Office of the 20
State Fire Marshal employed by an airport authority, a county, a fire control district, a 21
municipality, or the State or a volunteer firefighter, volunteer fire fighting instructor, 22
volunteer rescue squad member, or volunteer advanced life support unit member who is a 23
covered employee under § 9–234 of this title is presumed to have an occupational disease 24
that was suffered in the line of duty and is compensable under this title if: 25 2 SENATE BILL 538
[(1)] (I) 1. the individual has heart disease[, hypertension,] or lung 1
disease; 2
[(2)] 2. the heart disease[, hypertension,] or lung disease results in 3
partial or total disability or death; and 4
[(3)] 3. in the case of a volunteer firefighter, volunteer fire fighting 5
instructor, volunteer rescue squad member, or volunteer advanced life support unit 6
member, the individual has met a suitable standard of physical examination before 7
becoming a firefighter, fire fighting instructor, rescue squad member, or advanced life 8
support unit member; OR 9
(II) 1. THE INDIVIDUAL HAS H YPERTENSION ; AND 10
2. IN THE CASE OF A VOL UNTEER FIREFIGHTER , 11
VOLUNTEER FIRE FIGHT ING INSTRUCTOR , VOLUNTEER RESCUE SQU AD MEMBER, OR 12
VOLUNTEER ADVANCED L IFE SUPPORT UNIT MEM BER, THE INDIVIDUAL HAS M ET A 13
SUITABLE STANDARD OF PHYSICAL EXAMINATION BEFORE BECOMING A 14
FIREFIGHTER, FIRE FIGHTING INSTRU CTOR, RESCUE SQUAD MEMBER , OR 15
ADVANCED LIFE SUPPOR T UNIT MEMBER. 16
(2) NOTWITHSTANDING ANY O THER PROVISION OF THIS TITLE, AN 17
INDIVIDUAL MAY NOT B E REQUIRED TO DEMONS TRATE DISABLEMENT UNDER § 18
9–502 OF THIS SUBTITLE TO BE ELIGIBLE FOR THE PRESUMPTION UNDER 19
PARAGRAPH (1)(II) OF THIS SUBSECTION . 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2023. 22