23.0029.02000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1279
of North Dakota
Introduced by
Representatives Roers Jones, Heinert, Jonas, Louser, Schauer, Thomas
Senators Barta, Larson, Lee
1 A BILL for an Act to amend and reenact section 65-01-15.1 of the North Dakota Century Code,
2 relating to the presumption of compensability for firefighters and law enforcement officers.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 65-01-15.1 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 65-01-15.1. Presumption of compensability for certain conditions of full-time paid
7 firefighters and law enforcement officers.
8 1. Any condition or impairment of health of a full-time paid firefighter or law enforcement
9 officer caused by lung or respiratory disease, hypertension, heart disease, or an
10 exposure to a bloodborne pathogen as defined by section 23-07.5-01 occurring in the
11 course of employment, or occupational cancer in a full-time paid firefighter, is
12 presumed to have been suffered in the line of duty. The presumption may be rebutted
13 by clear and convincing evidence the condition or impairment is not work-related.
14 2. As used in this section, an occupational cancer is one which arises out of employment
15 as a full-time paid firefighter and is due to injury due to exposure to smoke, fumes, or
16 carcinogenic, poisonous, toxic, or chemical substances while in the performance of
17 active duty as a full-time paid firefighter.
18 3. a. A full-time paid firefighter or law enforcement officer is not eligible for the benefit
19 provided under this section unless that full-time paid firefighter or law
20 enforcement officer has completed five years of continuous service and has
21 successfully passed a medical examination which fails to reveal any evidence of
22 such a condition. An employer shall requireprovide at no expense, a medical
23 examination upon employment, for any employee subject to this section.
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Legislative Assembly
1 b. After the initial medical examination, an employer shall requireprovide at no
2 expense, at least a periodic medical examination as follows: for one to ten years
3 of service, every five years; for eleven to twenty years of service, every three
4 years; and for twenty-one or more years of service, every year. The periodic
5 medical examination, at a minimum, must consist of a general medical history of
6 the individual and the individual's family; an occupational history including contact
7 with and an exposure to hazardous materials, toxic products, contagious and
8 infectious diseases, and to physical hazards; a physical examination including
9 measurement of height, weight, and blood pressure; and laboratory and
10 diagnostic procedures including a nonfasting total blood cholesterol testindicating
11 cardiovascular health to a reasonable degree of medical certainty.
12 c. If the medical examination reveals that an employee falls into a recognized risk
13 group, the employee must be referred to a qualified health professional for future
14 medical examination.
15 d. If a medical examination produces a false positive result for a condition covered
16 under this section, the organization shall consider the condition to be a
17 compensable injury. In the case of a false positive result, neither the coverage of
18 the condition nor the period of disability may exceed fifty-six days.
19 e. This section does not affect an employee's responsibility to document that the
20 employee has not used tobacco as required under section 65-01-15. Results of
21 the examination must be used in rebuttal to a presumption afforded under this
22 section.
23 4. For purposes of this section, "law enforcement officer" means a personan individual
24 who is licensed to perform peace officer law enforcement duties under chapter 12-63
25 and is employed full time by the bureau of criminal investigation, the game and fish
26 department, the state highway patrol, the parole and probation division, the North
27 Dakota state university police department, the North Dakota state college of science
28 police department, the university of North Dakota police department, a county sheriff's
29 department, a city police department, or the parks and recreation department pursuant
30 to section 55-08-04.
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Legislative Assembly
1 5. The presumption does not include a condition or impairment of health of a full-time
2 paid firefighter or law enforcement officer, who has been employed for ten years or
3 less, if the condition or impairment is diagnosed more than two years after the
4 employment as a full-time paid firefighter or law enforcement officer ends. The
5 presumption also does not include a condition or impairment of health of a full-time
6 paid firefighter or law enforcement officer, who has been employed more than ten
7 years, if the condition or impairment is diagnosed more than five years after the
8 employment as a full-time paid firefighter or law enforcement officer ends.
Page No. 3 23.0029.02000
Statutes affected: INTRODUCED: 65-01-15.1
Prepared by the Legislative Council staff for Representative Roers Jones: 65-01-15, 65-01-15.1
FIRST ENGROSSMENT: 65-01-15, 65-01-15.1
Enrollment: 65-01-15, 65-01-15.1