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| 5 | 5 | | 2023 -- S 0137 |
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| 7 | 7 | | LC000568 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED FIRE |
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| 16 | 16 | | FIGHTERS AND POLICE OFFICERS -- PRESUMPTION FOR HEAR T DISEASE AND |
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| 17 | 17 | | HYPERTENSION |
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| 18 | 18 | | Introduced By: Senators F. Lombardi, Ciccone, DiMario, Lawson, Pearson, and Acosta |
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| 19 | 19 | | Date Introduced: February 01, 2023 |
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| 20 | 20 | | Referred To: Senate Labor |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Chapter 45-19 of the General Laws entitled "Relief of Injured and Deceased 1 |
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| 25 | 25 | | Fire Fighters and Police Officers" is hereby amended by adding thereto the following section: 2 |
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| 26 | 26 | | 45-19-16.1. Presumption for heart disease and hypertension. 3 |
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| 27 | 27 | | (a) Notwithstanding the provisions of any general or special law to the contrary, any 4 |
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| 28 | 28 | | firefighter, as defined in ยง 45-19-1, who is unable to perform the duties required thereof because 5 |
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| 29 | 29 | | of an impairment of health caused by heart disease, stroke or hypertension is presumed to have 6 |
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| 30 | 30 | | suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and 7 |
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| 31 | 31 | | convincing evidence; and the firefighter shall be entitled to all benefits provided for in chapters 19, 8 |
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| 32 | 32 | | 21, 21.2 and 21.3 of this title. 9 |
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| 33 | 33 | | (b) This presumption shall not apply to firefighters hired after July 1, 2023 in the following 10 |
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| 34 | 34 | | situations: 11 |
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| 35 | 35 | | (1) If a physical examination was conducted at the time the firefighter was hired and the 12 |
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| 36 | 36 | | examination revealed that person was suffering from heart disease or hypertension. 13 |
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| 37 | 37 | | (2) If the firefighter had regularly or habitually used tobacco products during the five (5) 14 |
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| 38 | 38 | | years prior to any diagnosis of heart disease or hypertension or suffering a stroke. 15 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | LC000568 - Page 2 of 3 |
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| 42 | 42 | | SECTION 2. This act shall take effect upon passage. 1 |
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| 44 | 44 | | LC000568 |
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| 47 | 47 | | |
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| 48 | 48 | | LC000568 - Page 3 of 3 |
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| 49 | 49 | | EXPLANATION |
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| 50 | 50 | | BY THE LEGISLATIVE COUNCIL |
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| 51 | 51 | | OF |
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| 52 | 52 | | A N A C T |
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| 53 | 53 | | RELATING TO TOWNS AN D CITIES -- RELIEF OF INJURED AND DECEASED FIRE |
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| 54 | 54 | | FIGHTERS AND POLICE OFFICERS -- PRESUMPTION FOR HEART DISEASE AND |
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| 55 | 55 | | HYPERTENSION |
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| 56 | 56 | | *** |
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| 57 | 57 | | This act would allow a firefighter who is unable to perform duties as a result of heart 1 |
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| 58 | 58 | | disease, stroke or hypertension to be presumed to have suffered an in-the-line-of-duty disability, 2 |
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| 59 | 59 | | unless the firefighter was hired after July 1, 2023, and there is clear and convincing evidence that 3 |
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| 60 | 60 | | the firefighter suffered the condition at the time of hire or regularly used tobacco products for the 4 |
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| 61 | 61 | | five (5) years prior to diagnosis. 5 |
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| 62 | 62 | | This act would take effect upon passage. 6 |
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| 63 | 63 | | ======== |
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| 64 | 64 | | LC000568 |
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