Code of the District of Columbia

Subchapter II. Fire and Emergency Medical Services Employee Presumptive Disability.


§ 5–651. Definitions.

For the purposes of this subchapter, the term:

(1) "Department" means the Fire and Emergency Medical Services Department.

(2) "Director" means the medical services officer for the Fire and Emergency Medical Services Department.

(3) "Documented" means the member or EMS employee gave notice to the Fire and Emergency Medical Services Department, in writing, of his or her occupational exposure to blood or bodily fluids.

(4) "EMS employee" means a person that qualifies as an "emergency medical services personnel" as defined by § 7-2341.01(7), is employed by the Fire and Emergency Medical Services Department, and is not a sworn member of the Department.

(5) "Full range of duties" shall have the same meaning as provided in § 5-631(5).

(6) "Member " means a sworn member of the Fire and Emergency Medical Services Department who is employed by the Department.

(7) "Pre-employment physical examination" means the physical examination required under § 5-451.


(Sept. 30, 2004, D.C. Law 15-194, § 651; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; Oct. 8, 2016, D.C. Law 21-160, § 3052(a), 63 DCR 10775.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has been implemented.


§ 5–652. Presumption as to disability or death from heart disease, hypertension, or respiratory disease.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by subchapter I of this chapter , subchapter I of Chapter 7 of this title, § 5-708, §§ 5-711, 5-715, 5-702, 5-705, and 5-719, § 5-722, §§ 5-731, 5-732, and 5-733, § 5-741, § 5-742, § 5-743, § 5-744, §§ 5-745 and 5-746, § 5-747, § 5-761, and § 5-762, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The member has been diagnosed with heart disease, hypertension, or respiratory disease;

(2) The heart disease, hypertension, or respiratory disease results in the member's inability to perform the full range of duties or in death;

(3) The member has undergone a pre-employment physical examination and the member was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(4) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(b) An EMS employee shall be presumed to have an occupational disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The EMS employee has been diagnosed with heart disease, hypertension, or respiratory disease;

(2) The heart disease, hypertension, or respiratory disease results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(3) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and

(4) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.


(Sept. 30, 2004, D.C. Law 15-194, § 652; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; May 10, 2019, D.C. Law 22-313, § 10(a), 66 DCR 1627.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 7013 of D.C. Law 22-168 amended § 656(c) of D.C. Law 15-194 revising the applicability provision. Therefore the creation of this section by D.C. Law 15-194 has been implemented.

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, retaining the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has not been implemented.

Section 7007 of Law 22-33 amended section 656 of D.C. Law 19-311, retaining the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has not been implemented.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 652 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 5–653. Presumption as to disability or death from cancer.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by subchapter I of this chapter, subchapter I of Chapter 7 of this title, § 5-708, §§ 5-711, 5-715, 5-702, 5-705, and 5-719, § 5-722, §§ 5-731, 5-732, and 5-733, § 5-741, § 5-742, § 5-743, § 5-744, §§ 5-745 and 5-746, § 5-747, § 5-761, and § 5-762, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The member has been diagnosed with leukemia or breast, ovarian, pancreatic, prostate, rectal, testicular, or respiratory cancer, and that member has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer;

(2) The member has completed at least 10 years of service with the Department;

(3) The leukemia or cancer results in the members' inability to perform the full range of duties or in death;

(4) The member has undergone a pre-employment physical examination and the member was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(5) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(b) An EMS employee shall be presumed to have an occupational disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The EMS employee has been diagnosed with leukemia or breast, ovarian, pancreatic, prostate, rectal, testicular, or respiratory cancer, and that EMS employee has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer;

(2) The EMS employee has completed at least 10 years of service with the Department;

(3) The leukemia or cancer results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(4) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and

(5) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.


(Sept. 30, 2004, D.C. Law 15-194, § 653; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; Oct. 8, 2016, D.C. Law 21-160, § 3052(b), 63 DCR 10775; May 10, 2019, D.C. Law 22-313, § 10(b), 66 DCR 1627.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 3052(d) of Law 21-160 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by section 2 of D.C. Law 19-311 has been implemented.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 653 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 5–654. Presumption as to disability or death from infectious disease.

(a) A member shall be presumed to have a performance-of-duty injury or illness that is covered by subchapter I of this chapter, subchapter I of Chapter 7 of this title, § 5-708, §§ 5-711, 5-715, 5-702, 5-705, and 5-719, § 5-722, §§ 5-731, 5-732, and 5-733, § 5-741, § 5-742, § 5-743, § 5-744, §§ 5-745 and 5-746, § 5-747, § 5-761, and § 5-762, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The member has been diagnosed with hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus ("HIV");

(2) The member has had a documented exposure to blood or bodily fluids during the performance of job duties;

(3) The hepatitis, meningococcal meningitis, tuberculosis, or HIV results in the member's inability to perform the full range of duties or in death;

(4) The member has undergone a pre-employment physical examination and the was found, at the time of the examination, to be free of the performance-of-duty injury or illness underlying the presumption provided for in this subsection; and

(5) The member, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.

(b) An EMS employee shall be presumed to have an occupation disease suffered in the line of duty that is covered by Chapter 6 of Title 1, unless such presumption is overcome by a preponderance of evidence to the contrary or the member is disqualified from the presumption pursuant to § 5-655, if:

(1) The EMS employee has been diagnosed with hepatitis, meningococcal meningitis, tuberculosis, or human immunodeficiency virus ("HIV");

(2) The EMS employee has had a documented exposure to blood or bodily fluids during the performance of job duties;

(3) The hepatitis, meningococcal meningitis, tuberculosis, or HIV results in the EMS employee's injury, as defined by § 1-623.01(5), or in death;

(4) The EMS employee has undergone a pre-employment physical examination and the EMS employee was found, at the time of the examination, to be free of the occupational disease underlying the presumption provided for in this subsection; and

(5) The EMS employee, upon request of the Director, submits to a physical examination conducted by physicians selected by the Director.


(Sept. 30, 2004, D.C. Law 15-194, § 654; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; May 10, 2019, D.C. Law 22-313, § 10(c), 66 DCR 1627.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Section 7007 of Law 22-33 amended section 656 of D.C. Law 19-311, removing the applicability restriction affecting this section, therefore the creation of this section by § 2 of D.C. Law 19-311 has been implemented.

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 654 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 5–655. Disqualification from presumption as to disability or death.

A member or an EMS employee shall be disqualified from a presumption under this subchapter if:

(1) Any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of any injury or illness for which a presumption is established under this subchapter, if medically indicated by the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service;

(2) The member or EMS employee is required by the Department to undergo the immunization or prophylaxis, unless the member or EMS employee has a written declaration from his or her physician stating that the immunization or prophylaxis would pose a significant risk to the person's health; and

(3) The member or EMS employee has failed to or refused to undergo such immunization or prophylaxis.


(Sept. 30, 2004, D.C. Law 15-194, § 655; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Applicability

Applicability of D.C. Law 15-194: § 656 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 provided that the the addition of this section by § 655 of D.C. Law 15-194, as added by § 2 of D.C. Law 19-311 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 5–655.01. Physical examinations; maintaining eligibility.

(a) In order to be eligible to make a claim under this chapter that relies on a presumption created by this subchapter, a member shall, in addition to meeting any other requirements as required by this subchapter or rules issued pursuant to § 5-655.03, have undergone a pre-employment physical examination and complied with any subsequent physical examination requirements, such as annual physical examinations, that are, or were during the period of covered service, applicable to all members.

(b) In order to be eligible to make a claim under this chapter that relies on a presumption created by this subchapter, an EMS employee shall, in addition to meeting any other requirements as required by this chapter or rules issued pursuant to § 5-655.03, have undergone a pre-employment physical examination and complied with any subsequent physical examination requirements, such as annual physical examinations, that are, or were during the period of covered service, applicable to all EMS employees.

(c) For any member or EMS employee hired after May 1, 2013, the District may require additional, appropriate laboratory and other diagnostic studies to be included as part of the pre-employment physical examination; provided, that any such requirements shall be applicable to all members or EMS employees.


(Sept. 30, 2004, D.C. Law 15-194, § 655a; as added Oct. 8, 2016, D.C. Law 21-160, § 3052(c), 63 DCR 10775.)


§ 5–655.02. Reporting requirements.

By January 31, 2018, and by January 31 of each subsequent year, the Department, in coordination with the Police and Fire Clinic, shall submit an annual report to the Council that contains the following information from the preceding calendar year:

(1) The total number of claims made by members in which a presumption was created under § 5-652;

(2) The total number of claims made by EMS employees in which a presumption was created under § 5-652;

(3) The total number of claims made by members in which a presumption was created under § 5-653;

(4) The total number of claims made by EMS employees in which a presumption was created under § 5-653;

(5) The total number of claims made by members in which a presumption was created under § 5-654; and

(6) The total number of claims made by EMS employees in which a presumption was created under § 5-654.


(Sept. 30, 2004, D.C. Law 15-194, § 655b; as added Oct. 8, 2016, D.C. Law 21-160, § 3052(c), 63 DCR 10775.)


§ 5–655.03. Rules.

The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this subtitle.


(Sept. 30, 2004, D.C. Law 15-194, § 655c; as added Oct. 8, 2016, D.C. Law 21-160, § 3052(c), 63 DCR 10775.)


§ 5–656. Applicability.

(a) Except as provided in subsections (b) and (c) of this section, this subtitle shall apply as of October 1, 2016.

(b) Section 5-654 shall apply as of October 1, 2017.

(c) § 5-652 shall apply as of October 1, 2018.


(Sept. 30, 2004, D.C. Law 15-194, § 656; as added May 1, 2013, D.C. Law 19-311, § 2, 60 DCR 3425; Oct. 8, 2016, D.C. Law 21-160, § 3052(d), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 7007, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 7013, 65 DCR 9388.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-311 added this section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7013 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 7013 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 7007 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 7007 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).