§ 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.