BILL NUMBER: AB 2754 CHAPTERED
BILL TEXT
CHAPTER 684
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 13, 2008
PASSED THE ASSEMBLY MAY 28, 2008
AMENDED IN ASSEMBLY MAY 23, 2008
INTRODUCED BY Assembly Member Bass
FEBRUARY 22, 2008
An act to amend Section 31720.7 of the Government Code, and to
amend Section 3212.8 of the Labor Code, relating to public safety
personnel.
LEGISLATIVE COUNSEL'S DIGEST
AB 2754, Bass. Public safety personnel: MRSA skin infections.
Existing law establishes a presumption that if certain safety
members, firefighters, county probation officers, or members in
active law enforcement who have completed 5 years of service under
specified pension or retirement systems develop a blood-borne
infectious disease, the disease arises out of, and in the course of,
employment. Existing law extends this presumption to blood-borne
infectious diseases that occur within 3 calendar months after
termination for each year of service, up to 60 months. Existing law
requires those who are permanently incapacitated for the performance
of duty as a result of a blood-borne infectious disease to receive a
service-connected disability retirement.
This bill would expand the scope of this provision to include any
methicillin-resistant Staphylococcus aureus (MRSA) skin infection.
The bill would make the MRSA presumption applicable for up to 90 days
after termination of service, and would also make the presumption
applicable to any of the above safety members, regardless of service
under the pension or retirement systems.
Existing law provides that an injury of an employee arising out
of, and in the course of, employment is generally compensable through
the workers' compensation system. Existing law provides that, in the
case of certain state and local firefighting and law enforcement
personnel, the term "injury" includes, among other conditions, any
blood-borne infectious disease that develops or manifests itself
during a period while the member is in the service of the
governmental entity, and establishes a disputable presumption in this
regard. Under existing law, the disputable presumption extends after
termination of service for 3 months for each calendar year worked,
up to 60 months.
This bill would expand the scope of this provision to include any
methicillin-resistant Staphylococcus aureus skin infection and would
make that presumption applicable for up to 90 days after termination
of service.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31720.7 of the Government Code is amended to
read:
31720.7. (a) If a safety member, a firefighter, a county
probation officer, or a member in active law enforcement develops a
blood-borne infectious disease or a methicillin-resistant
Staphylococcus aureus skin infection, the disease or skin infection
so developing or manifesting itself in those cases shall be presumed
to arise out of, and in the course of, employment. The blood-borne
infectious disease or methicillin-resistant Staphylococcus aureus
skin infection so developing or manifesting itself in those cases
shall in no case be attributed to any disease or skin infection
existing prior to that development or manifestation.
(b) Any safety member, firefighter, county probation officer, or
member active in law enforcement described in subdivision (a)
permanently incapacitated for the performance of duty as a result of
a blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection shall receive a
service-connected disability retirement.
(c) (1) The presumption described in subdivision (a) is rebuttable
by other evidence. Unless so rebutted, the board is bound to find in
accordance with the presumption.
(2) The blood-borne infectious disease presumption shall be
extended to a member following termination of service for a period of
three calendar months for each full year of the requisite service,
but not to exceed 60 months in any circumstance, commencing with the
last date actually worked in the specified capacity.
(3) Notwithstanding paragraph (2), the methicillin-resistant
Staphylococcus aureus skin infection presumption shall be extended to
a member following termination of service for a period of 90 days
commencing with the last day actually worked in the specified
capacity.
(d) "Blood-borne infectious disease," for purposes of this
section, means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including, but not limited to, those pathogenic
microorganisms defined as blood-borne pathogens by the Department of
Industrial Relations.
(e) "Member in active law enforcement," for purposes of this
section, means members employed by a sheriff's office, by a police or
fire department of a city, county, city and county, district, or by
another public or municipal corporation or political subdivision or
who are described in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code or who are employed by any county
forestry or firefighting department or unit, except any of those
members whose principal duties are clerical or otherwise do not
clearly fall within the scope of active law enforcement services or
active firefighting services, such as stenographers, telephone
operators, and other office workers, and includes a member engaged in
active law enforcement who is not classified as a safety member.
SEC. 2. Section 3212.8 of the Labor Code is amended to read:
3212.8. (a) In the case of members of a sheriff's office, of
police or fire departments of cities, counties, cities and counties,
districts, or other public or municipal corporations or political
subdivisions, or individuals described in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, whether
those persons are volunteer, partly paid, or fully paid, and in the
case of active firefighting members of the Department of Forestry and
Fire Protection, or of any county forestry or firefighting
department or unit, whether voluntary, fully paid, or partly paid,
excepting those whose principal duties are clerical or otherwise do
not clearly fall within the scope of active law enforcement service
or active firefighting services, such as stenographers, telephone
operators, and other office workers, the term "injury" as used in
this division, includes a blood-borne infectious disease or
methicillin-resistant Staphylococcus aureus skin infection when any
part of the blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection develops or manifests itself
during a period while that person is in the service of that office,
staff, division, department, or unit. The compensation that is
awarded for a blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection shall include, but not be
limited to, full hospital, surgical, medical treatment, disability
indemnity, and death benefits, as provided by the workers'
compensation laws of this state.
(b) (1) The blood-borne infectious disease or
methicillin-resistant Staphylococcus aureus skin infection so
developing or manifesting itself in those cases shall be presumed to
arise out of and in the course of the employment or service. This
presumption is disputable and may be controverted by other evidence,
but unless so controverted, the appeals board is bound to find in
accordance with it.
(2) The blood-borne infectious disease presumption shall be
extended to a person covered by subdivision (a) following termination
of service for a period of three calendar months for each full year
of service, but not to exceed 60 months in any circumstance,
commencing with the last date actually worked in the specified
capacity.
(3) Notwithstanding paragraph (2), the methicillin-resistant
Staphylococcus aureus skin infection presumption shall be extended to
a person covered by subdivision (a) following termination of service
for a period of 90 days, commencing with the last day actually
worked in the specified capacity.
(c) The blood-borne infectious disease or methicillin-resistant
Staphylococcus aureus skin infection so developing or manifesting
itself in those cases shall in no case be attributed to any disease
or skin infection existing prior to that development or
manifestation.
(d) For the purposes of this section, "blood-borne infectious
disease" means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including those pathogenic microorganisms defined as
blood-borne pathogens by the Department of Industrial Relations.