§ 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 this subchapter and Chapter 7 of this title, 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.