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2002 SESSION

024145610
HOUSE BILL NO. 757
Offered January 9, 2002
Prefiled January 9, 2002
A BILL to amend the Code of Virginia by adding a section numbered 65.2-402.1, relating to workers’ compensation; infectious disease presumption.
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Patrons-- Amundson, Brink, Callahan, Darner, Dillard, Kilgore, McQuigg, Plum, Spruill, Van Landingham and Watts; Senators: Byrne, Howell and Puller
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Referred to Committee on Commerce and Labor
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 65.2-402.1 as follows:

§ 65.2-402.1. Presumption as to death or disability from infectious disease.

A. Hepatitis, meningococcal meningitis, tuberculosis, herpes or HIV causing the death of, or any health condition or impairment resulting in total or partial disability of any (i) salaried or volunteer firefighter, paramedic or emergency medical technician, (ii) member of the State Police Officers' Retirement System, (iii) member of county, city or town police departments, (iv) sheriff and deputy sheriff, (v) Department of Emergency Management hazardous materials officer, (vi) city sergeant or deputy city sergeant of the City of Richmond, (vii) Virginia Marine Patrol officer, (viii) game warden who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries, (ix) Capitol Police officer, and (x) special agent of the Department of Alcoholic Beverage Control appointed under the provisions of Chapter 1 (§ 4.1-100 et seq.) of Title 4.1 who has an occupational exposure to blood or body fluids shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary. Medical evidence contesting the relationship of the employment to the disease process or death or a showing of risk factors alone shall not be considered substantial competent medical evidence sufficient to overcome the presumption in this section.

B. As used in this section:

“Blood or body fluids” means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the Centers for Disease Control, apply. For purposes of potential transmission of hepatitis, meningococcal meningitis, tuberculosis, herpes or HIV the term “blood or body fluids” includes respiratory, salivary, and sinus fluids, including droplets, sputum, saliva, mucous, and any other fluid through which infectious airborne or blood-borne organisms can be transmitted between persons.

“Hepatitis” means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C or any other strain of hepatitis generally recognized by the medical community.

“Herpes” means the medically recognized family of human herpes viruses, type I, type II or any other type, causing systemic disease.

“HIV” means the medically recognized retrovirus known as human immunodeficiency virus, type I or type II, causing immunodeficiency syndrome.

“Occupational exposure,” in the case of hepatitis, meningococcal meningitis, tuberculosis, herpes or HIV, means an exposure that occurs during the performance of job duties that may place a covered employee at risk of infection.

C. Persons covered under this section who test positive for exposure to the enumerated occupational diseases, but have not yet incurred the requisite total or partial disability, shall otherwise be entitled to make a claim for medical benefits pursuant to § 65.2-603, including entitlement to an annual medical examination to measure the progress of the condition, if any, and any other medical treatment, prophylactic or otherwise. A claim for benefits under § 65.2-500, § 65.2-502 or § 65.2-512 shall be tolled and not accrue until such time as the person covered under this section incurs total or partial disability.