IC 5-10-15
    Chapter 15. Emergency and Public Safety Employee DisabilityFrom Certain Cancers or Heart or Lung Disease Presumed Incurredin the Line of Duty

IC 5-10-15-1
Application of chapter
    Sec. 1. This chapter does not apply to an individual who, at anytime during the individual's employment by the state or a politicalsubdivision of the state as:
        (1) a member of a fire department (as defined in IC 36-8-1-8);
        (2) an emergency medical services provider (as defined inIC 16-41-10-1); or
        (3) a member of a police department (as defined inIC 36-8-1-9);
uses tobacco products in any form in the last five (5) years.
As added by P.L.62-2006, SEC.1.

IC 5-10-15-2
"At risk for occupational exposure"
    Sec. 2. As used in this chapter, "at risk for occupational exposure"means that an individual incurs risk in performing the basic duties ofthe individual's employment, including:
        (1) providing emergency medical treatment in a nonhealth caresetting where there is a potential for contact with;
        (2) working at the scene of an accident, a fire, or another rescueor public safety operation, or working in an emergency rescuevehicle or a public safety vehicle, during which the individualhas contact with;
        (3) engaging in the pursuit, apprehension, and arrest of lawviolators, during which the individual may be exposed to; or
        (4) maintaining custody and physical restraint of prisoners orinmates of a prison, a jail, or another criminal detention facilityduring which the individual may be exposed to;
a known carcinogen, or a substance or condition that adverselyaffects an individual's cardiovascular, neurological, or respiratorysystem.
As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.1.

IC 5-10-15-3
"Employee"
    Sec. 3. 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); or
            (C) a member of a police department (as defined in

IC 36-8-1-9);
        (2) in the course of the individual's employment, is at risk foroccupational exposure; and
        (3) is not employed elsewhere by the state or a politicalsubdivision of the state in a similar capacity.
As added by P.L.62-2006, SEC.1.

IC 5-10-15-4
"Exposure related cancer"
    Sec. 4. As used in this chapter, "exposure related cancer" refersto a cancer that is caused by a known carcinogen to which anindividual is at risk for occupational exposure.
As added by P.L.62-2006, SEC.1.

IC 5-10-15-5
"Exposure related heart or lung disease"
    Sec. 5. As used in this chapter, "exposure related heart or lungdisease" refers to a disease or impairment of the cardiovascular orrespiratory system caused by a substance or condition to which anindividual is at risk for occupational exposure.
As added by P.L.62-2006, SEC.1.

IC 5-10-15-5.5
"Exposure related Parkinson's disease"
    Sec. 5.5. As used in this chapter, "exposure related Parkinson'sdisease" refers to Parkinson's disease that is caused by a toxin orhead trauma:
        (1) known to increase the risk for the development ofParkinson's disease; and
        (2) to which an individual is at risk for occupational exposure.
As added by P.L.59-2009, SEC.2.

IC 5-10-15-6
"Known carcinogen"
    Sec. 6. As used in this chapter, "known carcinogen" refers to asubstance or agent the exposure to which is recognized by:
        (1) the International Agency for Research on Cancer; or
        (2) the National Institute for Occupational Safety and Health;
as creating a high risk for the development of cancer.
As added by P.L.62-2006, SEC.1.

IC 5-10-15-7
"Political subdivision"
    Sec. 7. As used in this chapter, "political subdivision" has themeaning set forth in IC 6-3.5-2-1.
As added by P.L.62-2006, SEC.1.

IC 5-10-15-8
"Substance or condition that adversely affects an individual'scardiovascular, neurological, or respiratory system"    Sec. 8. As used in this chapter, "substance or condition thatadversely affects an individual's cardiovascular, neurological, orrespiratory system" refers to a substance or condition the exposureto which is recognized by the National Institute for OccupationalSafety and Health as creating a high risk for the development ofheart, lung, or Parkinson's disease.
As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.3.

IC 5-10-15-9
Presumption of disability in line of duty; rebutting of presumption
    Sec. 9. (a) An employee or former employee who:
        (1) is diagnosed with an exposure related cancer, exposurerelated heart or lung disease, or exposure related Parkinson'sdisease that:
            (A) requires medical treatment; or
            (B) results in total or partial disability; and
        (2) at the time of the diagnosis:
            (A) is actively employed; or
            (B) has terminated employment not more than sixty (60)months earlier;
is presumed to have a disability incurred in the line of duty.
    (b) The presumption described in subsection (a) may be rebuttedby competent evidence.
    (c) A meeting or hearing held to rebut the presumption describedin subsection (a) may be held as an executive session underIC 5-14-1.5-6.1(b)(1).
As added by P.L.62-2006, SEC.1. Amended by P.L.59-2009, SEC.4.

IC 5-10-15-10
Effect of chapter on determination of eligibility for disabilitybenefits
    Sec. 10. 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.62-2006, SEC.1.