Florida Senate - 2021 SB 1422 By Senator Thurston 33-01742-21 20211422__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to communicable and infectious 2 diseases; amending s. 112.181, F.S.; defining the term 3 “infectious disease”; providing a presumption to 4 specified workers that an impairment of health caused 5 by an infectious disease happened in the line of duty; 6 requiring certain actions in order to be entitled to 7 the presumption; revising the vaccine requirement for 8 specified workers if such vaccine is approved by the 9 United States Food and Drug Administration; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14

Section

Section 112.181, Florida Statutes, is amended to 15 read: 16 112.181 Firefighters, paramedics, emergency medical 17 technicians, law enforcement officers, correctional officers; 18 special provisions relative to certain communicable and 19 infectious diseases.— 20

(1) DEFINITIONS.—As used in this section, the term: 21 (a) “Body fluids” means blood and body fluids containing 22 visible blood and other body fluids to which universal 23 precautions for prevention of occupational transmission of 24 blood-borne pathogens, as established by the Centers for Disease 25 Control and Prevention, apply. For purposes of potential 26 transmission of meningococcal meningitis or tuberculosis, the 27 term “body fluids” includes respiratory, salivary, and sinus 28 fluids, including droplets, sputum, and saliva, mucous, and 29

Florida Senate - 2021 SB 1422 33-01742-21 20211422__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. other fluids through which infectious airborne organisms can be 30 transmitted between persons. 31 (b) “Emergency rescue or public safety worker” means any 32 person employed full time by the state or any political 33 subdivision of the state as a firefighter, paramedic, emergency 34 medical technician, law enforcement officer, or correctional 35 officer who, in the course of employment, runs a high risk of 36 occupational exposure to hepatitis, meningococcal meningitis, or 37 tuberculosis, or an infectious disease and who is not employed 38 elsewhere in a similar capacity.

However, the term “emergency 39 rescue or public safety worker” does not include any person 40 employed by a public hospital licensed under

chapter 395 or any 41 person employed by a subsidiary thereof. 42 (c) “Hepatitis” means hepatitis A, hepatitis B, hepatitis 43 non-A, hepatitis non-B, hepatitis C, or any other strain of 44 hepatitis generally recognized by the medical community. 45 (d) “High risk of occupational exposure” means that risk 46 that is incurred because a person subject to the provisions of 47 this section, in performing the basic duties associated with his 48 or her employment: 49 1. Provides emergency medical treatment in a non-health-50 care setting where there is a potential for transfer of body 51 fluids between persons; 52 2.

At the site of an accident, fire, or other rescue or 53 public safety operation, or in an emergency rescue or public 54 safety vehicle, handles body fluids in or out of containers or 55 works with or otherwise handles needles or other sharp 56 instruments exposed to body fluids; 57 3. Engages in the pursuit, apprehension, and arrest of law 58

Florida Senate - 2021 SB 1422 33-01742-21 20211422__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. violators or suspected law violators and, in performing such 59 duties, may be exposed to body fluids; or 60 4.

Is responsible for the custody, and physical restraint 61 when necessary, of prisoners or inmates within a prison, jail, 62 or other criminal detention facility, while on work detail 63 outside the facility, or while being transported and, in 64 performing such duties, may be exposed to body fluids. 65 (e) “Infectious disease” means any condition or impairment 66 of health caused by a disease declared a public health emergency 67 in accordance with s. 381.00315. 68 (f)(e) “Occupational exposure,” in the case of hepatitis, 69 meningococcal meningitis, or tuberculosis, or an infectious 70 disease, means an exposure that occurs during the performance of 71 job duties that may place a worker at risk of infection. 72

(2) PRESUMPTION; ELIGIBILITY CONDITIONS.—Any emergency 73 rescue or public safety worker who suffers a condition or 74 impairment of health that is caused by hepatitis, meningococcal 75 meningitis, or tuberculosis, or an infectious disease, that 76 requires medical treatment, and that results in total or partial 77 disability or death is shall be presumed to have a disability 78 suffered in the line of duty, unless the contrary is shown by 79 competent evidence; however, in order to be entitled to the 80 presumption, the emergency rescue or public safety worker must, 81 by written affidavit as provided in s. 92.50, verify by written 82 declaration that, to the best of his or her knowledge and 83 belief: 84 (

a) In the case of a medical condition caused by or derived 85 from hepatitis, he or she has not: 86 1. Been exposed, through transfer of bodily fluids, to any 87

Florida Senate - 2021 SB 1422 33-01742-21 20211422__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. person known to have sickness or medical conditions derived from 88 hepatitis, outside the scope of his or her employment; 89 2.

Had a transfusion of blood or blood components, other 90 than a transfusion arising out of an accident or injury 91 happening in connection with his or her present employment, or 92 received any blood products for the treatment of a coagulation 93 disorder since last undergoing medical tests for hepatitis, 94 which tests failed to indicate the presence of hepatitis; 95 3.

Engaged in unsafe sexual practices or other high-risk 96 behavior, as identified by the Centers for Disease Control and 97 Prevention or the Surgeon General of the United States, or had 98 sexual relations with a person known to him or her to have 99 engaged in such unsafe sexual practices or other high-risk 100 behavior; or 101 4. Used intravenous drugs not prescribed by a physician. 102 (

b) In the case of meningococcal meningitis, in the 10 days 103 immediately preceding diagnosis he or she was not exposed, 104 outside the scope of his or her employment, to any person known 105 to have meningococcal meningitis or known to be an asymptomatic 106 carrier of the disease. 107 (

c) In the case of tuberculosis, in the period of time 108 since the worker’s last negative tuberculosis skin test, he or 109 she has not been exposed, outside the scope of his or her 110 employment, to any person known by him or her to have 111 tuberculosis. 112 (

d) In the case of an infectious disease, he or she was not 113 exposed, outside of the scope of his or her employment, to any 114 person known to have the infectious disease. 115

(3) IMMUNIZATION.—Whenever any standard, medically 116

Florida Senate - 2021 SB 1422 33-01742-21 20211422__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. recognized vaccine or other form of immunization or prophylaxis 117 exists for the prevention of a communicable or infectious 118 disease for which a presumption is granted under this section, 119 if medically indicated in the given circumstances under the 120 pursuant to immunization policies established by the Advisory 121 Committee on Immunization Practices of the United States Public 122 Health Service and if the vaccine or immunization has been 123 approved by the United States Food and Drug Administration, an 124 emergency rescue or public safety worker may be required by his 125 or her employer to undergo the immunization or prophylaxis 126 unless the worker’s physician determines in writing that the 127 immunization or other prophylaxis would pose a significant risk 128 to the worker’s health.

Absent such written declaration, failure 129 or refusal by an emergency rescue or public safety worker to 130 undergo such immunization or prophylaxis disqualifies the worker 131 from the benefits of the presumption. 132

(4) LIFE AND DISABILITY INSURANCE COVERAGE.—This

section 133 does not apply to benefits payable under or granted in a 134 noncompulsory policy of life insurance or disability insurance, 135 unless the insurer and insured have negotiated for such 136 additional benefits to be included in the policy contract. 137 However, the state or any political subdivision of the state may 138 negotiate a policy contract for life and disability insurance 139 which includes accidental death benefits or double indemnity 140 coverage for any condition or impairment of health suffered by 141 an emergency rescue or public safety worker, which condition or 142 impairment is caused by a disease described in this

section and 143 results in total or partial disability or death. 144

(5) RECORD OF EXPOSURES.—The employing agency shall 145

Florida Senate - 2021 SB 1422 33-01742-21 20211422__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. maintain a record of any known or reasonably suspected exposure 146 of an emergency rescue or public safety worker in its employ to 147 the diseases described in this

section and shall immediately 148 notify the employee of such exposure. An emergency rescue or 149 public safety worker shall file an incident or accident report 150 with his or her employer of each instance of known or suspected 151 occupational exposure to hepatitis infection, meningococcal 152 meningitis, or tuberculosis, or an infectious disease. 153

(6) REQUIRED MEDICAL TESTS; PREEMPLOYMENT PHYSICAL.—In 154 order to be entitled to the presumption provided by this 155 section: 156 (

a) An emergency rescue or public safety worker must, prior 157 to diagnosis, have undergone standard, medically acceptable 158 tests for evidence of the communicable or infectious disease for 159 which the presumption is sought, or evidence of medical 160 conditions derived therefrom, which tests fail to indicate the 161 presence of infection. This paragraph does not apply in the case 162 of meningococcal meningitis. 163 (

b) On or after June 15, 1995, an emergency rescue or 164 public safety worker may be required to undergo a preemployment 165 physical examination that tests for and fails to reveal any 166 evidence of hepatitis or tuberculosis. 167

(7) DISABILITY RETIREMENT.—This

section does not change the 168 basic requirements for determining eligibility for disability 169 retirement benefits under the Florida Retirement System or any 170 pension plan administered by this state or any political 171 subdivision thereof, except to the extent of affecting the 172 determination as to whether a member was disabled in the line of 173 duty or was otherwise disabled. 174

Florida Senate - 2021 SB 1422 33-01742-21 20211422__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions.

Section 2. This act shall take effect July 1, 2021. 175