Presumptive Disability Law in District of Columbia

Presumptive Health Initiative

CODE PART

Washington DC Legislative Website

Title 5. Police, Firefighters, Medical Examiner, and Forensic Sciences.

Chapter 6A. Police and Firefighters Limited Duty

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.

§ 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 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 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.

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

*NOTE: This section includes amendments by temporary legislation that will expire on April 12, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(1) The 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, and has a diagnosis of:

(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;

(B) Multiple myeloma, brain, non-Hodgkin’s, or throat cancer; or

(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.

(1) The 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, and has a diagnosis of:

(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;

(B) Multiple myeloma, brain, non-Hodgkin’s, or throat cancer; or

(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.

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

(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;

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

§ 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.

§ 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.