IC 5-10-13
    Chapter 13. Emergency and Public Safety Employee Death andDisability Presumed Incurred in the Line of Duty

IC 5-10-13-1
"Exposure risk disease" defined
    Sec. 1. As used in this chapter, "exposure risk disease" refers to:
        (1) acquired immune deficiency syndrome (AIDS);
        (2) anthrax;
        (3) hepatitis;
        (4) human immunodeficiency virus (HIV);
        (5) meningococcal meningitis;
        (6) smallpox; and
        (7) tuberculosis.
As added by P.L.185-2002, SEC.3.

IC 5-10-13-2
"Employee" defined
    Sec. 2. As used in this chapter, "employee" means an individualwho:
        (1) is employed full time by the state or a political subdivisionof the state as:
            (A) a member of a fire department (as defined inIC 36-8-1-8);
            (B) an emergency medical services provider (as defined inIC 16-41-10-1);
            (C) a member of a police department (as defined inIC 36-8-1-9);
            (D) a correctional officer (as defined in IC 5-10-10-1.5);
            (E) a state police officer;
            (F) a county police officer;
            (G) a county sheriff;
            (H) an excise police officer;
            (I) a conservation enforcement officer;
            (J) a town marshal;
            (K) a deputy town marshal; or
            (L) a member of a consolidated law enforcement departmentestablished under IC 36-3-1-5.1;
        (2) in the course of the individual's employment is at high riskfor occupational exposure to an exposure risk disease; and
        (3) is not employed elsewhere in a similar capacity.
As added by P.L.185-2002, SEC.3. Amended by P.L.227-2005,SEC.4.

IC 5-10-13-3
"High risk for occupational exposure" defined
    Sec. 3. As used in this chapter, "high risk for occupationalexposure" means that risk is incurred by an individual in performingthe basic duties of the individual's employment, including:
        (1) providing emergency medical treatment in a nonhealth care

setting where there is a potential for transfer of body fluidsbetween individuals;
        (2) working at the scene of an accident, a fire, or other rescueor public safety operation or in an emergency rescue vehicle orpublic safety vehicle during which the individual has contactwith body fluids, containers of body fluids, hypodermicneedles, or other materials that have been exposed to bodyfluids;
        (3) engaging in the pursuit, apprehension, and arrest of lawviolators or suspected law violators during which the individualmay be exposed to body fluids; or
        (4) maintaining custody and physical restraint of prisoners orinmates of a prison, a jail, or other criminal detention facilityduring which the individual may be exposed to body fluids.
As added by P.L.185-2002, SEC.3.

IC 5-10-13-4
"Political subdivision" defined
    Sec. 4. As used in this chapter, "political subdivision" has themeaning set forth in IC 6-3.5-2-1.
As added by P.L.185-2002, SEC.3.

IC 5-10-13-5
Presumption that disability or death incurred in the line of duty
    Sec. 5. (a) Except as provided in section 6 of this chapter, anemployee who:
        (1) is diagnosed with a health condition caused by an exposurerisk disease that:
            (A) requires medical treatment; and
            (B) results in total or partial disability or death;
        (2) by written affidavit has provided to the employee's employera verification described in subsection (b), (c), (d), (e), or (f);and
        (3) before the employee is diagnosed with a health conditioncaused by hepatitis or tuberculosis, tests negative for evidenceof hepatitis or tuberculosis through medical testing;
is presumed to have a disability or death incurred in the line of duty.
    (b) An employee who is diagnosed with a health condition causedby hepatitis and, if the health condition results in disability or death,wishes to have a presumption of disability or death incurred in theline of duty apply to the employee shall, by written affidavitexecuted before death, provide verification that the employee hasnot:
        (1) outside the scope of the employee's current employment,been exposed through transfer of body fluids to an individualknown to have a medical condition caused by hepatitis;
        (2) received blood products other than a transfusion receivedbecause of an injury to the employee that occurred in the scopeof the employee's current employment;
        (3) received blood products for the treatment of a coagulation

disorder since testing negative for hepatitis;
        (4) engaged in sexual practices or other behavior identified ashigh risk by the Centers for Disease Control and Prevention orthe Surgeon General of the United States;
        (5) had sexual relations with another individual known to theemployee to have engaged in sexual practices or other behaviordescribed in subdivision (4); or
        (6) used intravenous drugs that were not prescribed by aphysician.
    (c) An employee who is diagnosed with a health condition causedby meningococcal meningitis and, if the health condition results indisability or death, wishes to have a presumption of disability ordeath incurred in the line of duty apply to the employee shall, bywritten affidavit executed before death, provide verification that theemployee, in the ten (10) days immediately preceding the diagnosis,was not exposed to another individual known to:
        (1) have meningococcal meningitis; or
        (2) be an asymptomatic carrier of meningococcal meningitis;
outside the scope of the employee's current employment.
    (d) An employee who is diagnosed with a health condition causedby tuberculosis and, if the health condition results in disability ordeath, wishes to have a presumption of disability or death incurredin the line of duty apply to the employee shall, by written affidavitexecuted before death, provide verification that the employee hasnot, outside the scope of the employee's current employment, beenexposed to another individual known to have tuberculosis.
    (e) An employee who is diagnosed with a health condition causedby AIDS or HIV and, if the health condition results in disability ordeath, wishes to have a presumption of disability or death incurredin the line of duty apply to the employee shall, by written affidavitexecuted before death, provide verification that the employee hasnot:
        (1) outside the scope of the employee's current employment,been exposed through transfer of body fluids to an individualknown to have a medical condition caused by AIDS or HIV;
        (2) received blood products other than a transfusion receivedbecause of an injury to the employee that occurred in the scopeof the employee's current employment;
        (3) received blood products for the treatment of a coagulationdisorder since testing negative for AIDS or HIV;
        (4) engaged in sexual practices or other behavior identified ashigh risk by the Centers for Disease Control and Prevention orthe Surgeon General of the United States;
        (5) had sexual relations with another individual known to theemployee to have engaged in sexual practices or other behaviordescribed in subdivision (4); or
        (6) used intravenous drugs that were not prescribed by aphysician.
    (f) An employee who is diagnosed with a health condition causedby smallpox and, if the health condition results in disability or death,

wishes to have a presumption of disability or death incurred in theline of duty apply to the employee shall, by written affidavitexecuted before death, provide verification that the employee hasnot, outside the scope of the employee's current employment, beenexposed to another individual known to have smallpox.
    (g) A presumption of disability or death incurred in the line ofduty may be rebutted by competent evidence.
    (h) A meeting or hearing held to rebut a presumption of disabilityor death incurred in the line of duty may be held as an executivesession under IC 5-14-1.5-6.1(b)(1).
As added by P.L.185-2002, SEC.3.

IC 5-10-13-6
Exception to presumption for vaccine or prevention measure
    Sec. 6. If a standard, medically recognized vaccine or othermeasure exists for the prevention of an exposure risk disease and thevaccine or other measure is medically indicated for an employeeaccording to immunization policies established by the AdvisoryCommittee on Immunization Practices of the United States PublicHealth Service, the following apply:
        (1) If:
            (A) the employee receives the vaccine or other measure asrequired by the employee's employer; or
            (B) the employee's physician provides written notice to theemployer that the vaccine or other measure would pose asignificant risk to the employee's health;
        and the employee meets the other requirements of this chapter,a presumption of disability or death incurred in the line of dutyunder this chapter applies to the employee.
        (2) If:
            (A) the employee does not receive the vaccine or othermeasure as required by the employee's employer; and
            (B) the employee's physician has not provided written noticethat the vaccine or other measure would pose a significantrisk to the employee's health;
        a presumption of disability or death incurred in the line of dutyunder this chapter does not apply to the employee.
As added by P.L.185-2002, SEC.3.

IC 5-10-13-7
Employee report
    Sec. 7. (a) An employee shall file a report with the employee'semployer of each known or reasonably suspected exposure to anexposure risk disease in the scope of the employee's employment.
    (b) The employer shall maintain a permanent record of a reportfiled by an employee under subsection (a).
As added by P.L.185-2002, SEC.3.

IC 5-10-13-8
Insurance coverage for disability or death presumed incurred in

the line of duty
    Sec. 8. (a) The state or a political subdivision of the state mayprovide, in the life and disability insurance that covers employees ofthe state or political subdivision, accidental death coverage or doubleindemnity coverage for a health condition caused by a communicabledisease that results in total or partial disability or death that ispresumed to be a disability or death incurred in the line of duty underthis chapter.
    (b) This chapter does not require an insurer that issues anoncompulsory life insurance policy or a noncompulsory disabilityinsurance policy to include in the policy coverage for a disability ordeath presumed incurred in the line of duty as described in thischapter.
As added by P.L.185-2002, SEC.3.

IC 5-10-13-9
Other requirements for disability benefits not affected
    Sec. 9. This chapter does not affect the requirements fordetermining eligibility for disability benefits provided by the state ora political subdivision of the state except to the extent of determiningwhether an employee incurred a disability in the line of duty.
As added by P.L.185-2002, SEC.3.