CHAPTER 147
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LABOR AND INDUSTRY
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SENATE BILL 02-006
BY SENATOR(S) Hanna, Chlouber, Epps, Fitz-Gerald, Gordon,
Hagedorn, Hernandez, Isgar, Linkhart, Matsunaka, Pascoe,
Perlmutter, Phillips, Reeves, Tate, Thiebaut, and Windels;
also REPRESENTATIVE(S) Witwer, Borodkin, Boyd, Cloer, Coleman,
Daniel, Decker, Garcia, Groff, Jahn, Jameson, Kester, King,
Lawrence, Lee, Mace, Madden, Miller, Mitchell, Plant, Romanoff,
Sanchez, Stafford, Tapia, Tochtrop, and Williams S.
AN ACT
CONCERNING WORKERS' COMPENSATION COVERAGE FOR PUBLIC SAFETY
PERSONNEL EXPOSED TO HEPATITIS C.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 2 of article 41 of title 8, Colorado
Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to
read:
8-41-208. Coverage for job-related exposure to or
contraction of hepatitis C. (1) THE EXPOSURE TO OR CONTRACTION
OF HEPATITIS C BY A FIREFIGHTER, EMERGENCY SERVICES PROVIDER, OR
PEACE OFFICER, AS DEFINED IN SECTION 18-1-901 (3) (l), C.R.S.,
SHALL BE PRESUMED TO BE WITHIN THE COURSE AND SCOPE OF
EMPLOYMENT IF THE FOLLOWING CONDITIONS ARE SATISFIED:
(a) A BASELINE TEST SHALL BE PROVIDED BY THE EMPLOYER,
OR IF INSURED, BY THE INSURER, TO BE PERFORMED WITHIN FIVE DAYS
AFTER THE EMPLOYEE REPORTS THE ON-THE-JOB EXPOSURE. THE EMPLOYEE
MUST REPORT THE EXPOSURE WITHIN TWO DAYS AFTER THE EMPLOYEE KNEW
OR REASONABLY SHOULD HAVE KNOWN OF THE EXPOSURE;
(b) THE BASELINE TEST ESTABLISHES THAT THE EMPLOYEE WAS
NOT INFECTED WITH HEPATITIS C AT THE TIME OF THE ON-THE-JOB
EXPOSURE;
(c) THE EMPLOYEE COMPLIES WITH REASONABLE AND NECESSARY
MEDICAL PROCEDURES SET FORTH IN SECTION 8-42-101 (1) (c);
(d) THE EMPLOYEE IS DETERMINED TO HAVE HEPATITIS C
WITHIN TWENTY-FOUR MONTHS AFTER THE ON-THE-JOB EXPOSURE TO THE
KNOWN OR POSSIBLE SOURCE.
(2) THE EXPOSURE TO OR CONTRACTION OF HEPATITIS C BY A
FIREFIGHTER, EMERGENCY SERVICES PROVIDER, OR PEACE OFFICER, AS
DEFINED IN SECTION 18-1-901 (3) (l), C.R.S., SHALL NOT BE DEEMED
TO BE WITHIN THE COURSE AND SCOPE OF EMPLOYMENT IF AN EMPLOYER
OR INSURER SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH
EXPOSURE OR CONTRACTION DID NOT OCCUR ON THE JOB.
SECTION 2. 8-42-101 (1), Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
8-42-101. Employer must furnish medical aid - approval
of plan - fee schedule - contracting for treatment - no recovery
from employee - medical treatment guidelines - accreditation of
physicians - repeal. (1) (c) IN ANY CASE IN WHICH A
FIREFIGHTER, EMERGENCY MEDICAL SERVICES PROVIDER, OR PEACE
OFFICER, AS DEFINED IN SECTION 18-1-901 (3) (l), C.R.S., IS
EXPOSED DURING THE COURSE AND WITHIN THE SCOPE OF EMPLOYMENT TO
A KNOWN OR POSSIBLE SOURCE OF HEPATITIS C, THE EMPLOYER, OR IF
INSURED, THE INSURER, SHALL, AT THEIR EXPENSE, PROVIDE FOR
BASELINE TESTING WITHIN THE PERIOD OF TIME SPECIFIED IN SECTION
8-41-208 (1) (a) TO DETERMINE WHETHER THE EMPLOYEE WAS FREE OF
HEPATITIS C AT THE TIME OF THE ON-THE-JOB EXPOSURE. THE
EMPLOYER, OR IF INSURED, THE INSURER, SHALL PAY FOR ALL
REASONABLE AND NECESSARY MEDICAL PROCEDURES AND TREATMENT FOR
EXPOSURE TO HEPATITIS C DURING THE PERIOD OF TIME SET FORTH IN
SECTION 8-41-208 (1) (d).
SECTION 3. Effective date - applicability. This act
shall take effect upon passage and shall apply to claims for
workers' compensation arising on or after said date.
SECTION 4. Safety clause. The general assembly hereby
finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.
Approved: May 16, 2002
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