CHAPTER 607. BENEFITS RELATING TO CERTAIN DISEASES AND ILLNESSES - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 607. BENEFITS RELATING TO CERTAIN DISEASES AND ILLNESSES

SUBCHAPTER A. CONTAGIOUS DISEASES

Sec. 607.001. DEFINITION. In this chapter, "public safety

employee" means a peace officer, fire fighter, detention officer,

county jailer, or emergency medical services employee of this

state or a political subdivision of this state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

986, Sec. 1, eff. September 1, 2005.

Sec. 607.002. REIMBURSEMENT. A public safety employee who is

exposed to a contagious disease is entitled to reimbursement from

the employing governmental entity for reasonable medical expenses

incurred in treatment for the prevention of the disease if:

(1) the disease is not an "ordinary disease of life" as that

term is used in the context of a workers' compensation claim;

(2) the exposure to the disease occurs during the course of the

employment; and

(3) the employee requires preventative medical treatment because

of exposure to the disease.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 607.003. PHYSICIAN OF CHOICE. A public safety employee who

is exposed to a disease described by Section 607.002 is entitled

to be treated for the prevention of that disease by the physician

of the employee's choice.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 607.004. PREVENTATIVE IMMUNIZATIONS AND VACCINATIONS. (a)

A certified fire fighter or other governmental employee who

operates an ambulance or who responds to emergency medical calls

is entitled to preventative immunization for any disease to which

the fire fighter or other governmental employee may be exposed in

performing official duties and for which immunization is

possible.

(b) The employee and any member of the employee's immediate

family are entitled to vaccination for a contagious disease to

which the employee is exposed during the course of employment.

(c) The employing governmental entity may satisfy the

requirements of this section by:

(1) providing the immunization or vaccination without charge; or

(2) reimbursing the employee for any necessary and reasonable

expenses incurred by the employee for the immunization or

vaccination.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY

FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS

Sec. 607.051. DEFINITIONS. In this subchapter:

(1) "Disability" means partial or total disability.

(2) "Emergency medical technician" means an individual who is

certified as an emergency medical technician by the Department of

State Health Services as provided by Chapter 773, Health and

Safety Code, and who is employed by a political subdivision.

(3) "Firefighter" means:

(A) an individual who is defined as fire protection personnel

under Section 419.021; or

(B) an individual who is a volunteer firefighter certified by

the Texas Commission on Fire Protection or the State Firemen's

and Fire Marshals' Association of Texas.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.052. APPLICABILITY. (a) Notwithstanding any other

law, this subchapter applies only to a firefighter or emergency

medical technician who:

(1) on becoming employed or during employment as a firefighter

or emergency medical technician, received a physical examination

that failed to reveal evidence of the illness or disease for

which benefits or compensation are sought using a presumption

established by this subchapter;

(2) is employed for five or more years as a firefighter or

emergency medical technician; and

(3) seeks benefits or compensation for a disease or illness

covered by this subchapter that is discovered during employment

as a firefighter or emergency medical technician.

(b) A presumption under this subchapter does not apply:

(1) to a determination of a survivor's eligibility for benefits

under Chapter 615;

(2) in a cause of action brought in a state or federal court

except for judicial review of a proceeding in which there has

been a grant or denial of employment-related benefits or

compensation;

(3) to a determination regarding benefits or compensation under

a life or disability insurance policy purchased by or on behalf

of the firefighter or emergency medical technician that provides

coverage in addition to any benefits or compensation required by

law; or

(4) if the disease or illness for which benefits or compensation

is sought is known to be caused by the use of tobacco and:

(A) the firefighter or emergency medical technician is or has

been a user of tobacco; or

(B) the firefighter's or emergency medical technician's spouse

has, during the marriage, been a user of tobacco that is consumed

through smoking.

(c) This subchapter does not create a cause of action.

(d) This subchapter does not enlarge or establish a right to any

benefit or compensation or eligibility for any benefit or

compensation.

(e) A firefighter or emergency medical technician who uses a

presumption established under this subchapter is entitled only to

the benefits or compensation to which the firefighter or

emergency medical technician would otherwise be entitled to

receive at the time the claim for benefits or compensation is

filed.

(f) For purposes of this subchapter, an individual described by

Section 607.051(3)(B) is considered to have been employed or

compensated while the individual actively served as a volunteer

firefighter. An individual who actively serves as a volunteer

firefighter is one who participates in a minimum of 40 percent of

the drills conducted by the individual's department and 25

percent of the fire or other emergency calls received by the

department during the time that the volunteer firefighter is on

call.

(g) This subchapter applies to a firefighter or emergency

medical technician who provides services as an employee of an

entity created by an interlocal agreement.

(h) Subsection (b)(4) only prevents the application of the

presumption authorized by this subchapter and does not affect the

right of a firefighter or emergency medical technician to provide

proof, without the use of that presumption, that an injury or

illness occurred during the course and scope of employment.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.053. IMMUNIZATION; SMALLPOX. (a) A firefighter or

emergency medical technician is presumed to have suffered a

disability or death during the course and scope of employment if

the firefighter or emergency medical technician:

(1) received preventative immunization against smallpox, or

another disease to which the firefighter or emergency medical

technician may be exposed during the course and scope of

employment and for which immunization is possible; and

(2) suffered death or total or partial disability as a result of

the immunization.

(b) An immunization described by this section is considered

preventative whether the immunization occurs before or after

exposure to the disease for which the immunization is prescribed.

(c) A presumption established under Subsection (a) may not be

rebutted by evidence that the immunization was:

(1) not required by the employer;

(2) not required by law; or

(3) received voluntarily or with the consent of the firefighter

or emergency medical technician.

(d) A firefighter or emergency medical technician who suffers

from smallpox that results in death or total or partial

disability is presumed to have contracted the disease during the

course and scope of employment as a firefighter or emergency

medical technician.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.054. TUBERCULOSIS OR OTHER RESPIRATORY ILLNESS. A

firefighter or emergency medical technician who suffers from

tuberculosis, or any other disease or illness of the lungs or

respiratory tract that has a statistically positive correlation

with service as a firefighter or emergency medical technician,

that results in death or total or partial disability is presumed

to have contracted the disease or illness during the course and

scope of employment as a firefighter or emergency medical

technician.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.055. CANCER. (a) A firefighter or emergency medical

technician who suffers from cancer resulting in death or total or

partial disability is presumed to have developed the cancer

during the course and scope of employment as a firefighter or

emergency medical technician if:

(1) the firefighter or emergency medical technician:

(A) regularly responded on the scene to calls involving fires or

fire fighting; or

(B) regularly responded to an event involving the documented

release of radiation or a known or suspected carcinogen while the

person was employed as a firefighter or emergency medical

technician; and

(2) the cancer is known to be associated with fire fighting or

exposure to heat, smoke, radiation, or a known or suspected

carcinogen, as described by Subsection (b).

(b) This section applies only to a type of cancer that may be

caused by exposure to heat, smoke, radiation, or a known or

suspected carcinogen as determined by the International Agency

for Research on Cancer.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.056. ACUTE MYOCARDIAL INFARCTION OR STROKE. (a) A

firefighter or emergency medical technician who suffers an acute

myocardial infarction or stroke resulting in disability or death

is presumed to have suffered the disability or death during the

course and scope of employment as a firefighter or emergency

medical technician if:

(1) while on duty, the firefighter or emergency medical

technician:

(A) was engaged in a situation that involved nonroutine

stressful or strenuous physical activity involving fire

suppression, rescue, hazardous material response, emergency

medical services, or other emergency response activity; or

(B) participated in a training exercise that involved nonroutine

stressful or strenuous physical activity; and

(2) the acute myocardial infarction or stroke occurred while the

firefighter or emergency medical technician was engaging in the

activity described under Subdivision (1).

(b) For purposes of this section, "nonroutine stressful or

strenuous physical activity" does not include clerical,

administrative, or nonmanual activities.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.057. EFFECT OF PRESUMPTION. Except as provided by

Section 607.052(b), a presumption established under this

subchapter applies to a determination of whether a firefighter's

or emergency medical technician's disability or death resulted

from a disease or illness contracted in the course and scope of

employment for purposes of benefits or compensation provided

under another employee benefit, law, or plan, including a pension

plan.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.058. PRESUMPTION REBUTTABLE. A presumption under

Section 607.053, 607.054, 607.055, or 607.056 may be rebutted

through a showing by a preponderance of the evidence that a risk

factor, accident, hazard, or other cause not associated with the

individual's service as a firefighter or emergency medical

technician caused the individual's disease or illness.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

Sec. 607.059. PROHIBITED PAYMENT. No payment shall be made to

the subsequent injury fund under Section 403.007, Labor Code, for

any death resulting from a disease or illness presumed to have

been contracted in the course and scope of employment under this

subchapter.

Added by Acts 2005, 79th Leg., Ch.

695, Sec. 3, eff. September 1, 2005.

SUBCHAPTER C. OTHER DISEASES OR ILLNESSES SUFFERED BY

FIREFIGHTERS AND EMERGENCY MEDICAL TECHNICIANS

Sec. 607.101. DEFINITIONS. In this subchapter:

(1) "Emergency medical technician" means an individual who is

certified as an emergency medical technician by the Department of

State Health Services as provided by Chapter 773, Health and

Safety Code, and who is a full-time employee of a political

subdivision.

(2) "Firefighter" means an individual who is defined as fire

protection personnel under Section 419.021 and is a full-time

employee of a political subdivision.

Added by Acts 2009, 81st Leg., R.S., Ch.

1049, Sec. 1, eff. September 1, 2009.

Sec. 607.102. NOTIFICATION. A firefighter or emergency medical

technician who is exposed to methicillin-resistant Staphylococcus

aureus is entitled to receive notification of the exposure in the

manner prescribed by Section 81.048, Health and Safety Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1049, Sec. 1, eff. September 1, 2009.