2023 -- H 5201

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LC000541

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS -- PRESUMPTION FOR HEART DISEASE AND

HYPERTENSION

     Introduced By: Representatives Craven, O'Brien, Vella-Wilkinson, Noret, and Costantino

     Date Introduced: January 19, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 45-19 of the General Laws entitled "Relief of Injured and Deceased

Fire Fighters and Police Officers" is hereby amended by adding thereto the following section:

     45-19-16.1. Presumption for heart disease and hypertension.

     (a) Notwithstanding the provisions of any general or special law to the contrary, any

firefighter, as defined in § 45-19-1, who is unable to perform the duties required thereof because

of an impairment of health caused by heart disease, stroke or hypertension is presumed to have

suffered an in-the-line-of duty injury/disability, unless the contrary can be proven by clear and

convincing evidence; and the firefighter shall be entitled to all benefits provided for in chapters 19,

21, 21.2 and 21.3 of this title.

     (b) This presumption shall not apply to firefighters hired after July 1, 2023 in the following

situations:

     (1) If a physical examination was conducted at the time the firefighter was hired and the

examination revealed that person was suffering from heart disease or hypertension.

     (2) If the firefighter had regularly or habitually used tobacco products during the five (5)

years prior to any diagnosis of heart disease or hypertension or suffering a stroke.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS -- PRESUMPTION FOR HEART DISEASE AND

HYPERTENSION

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     This act would allow a firefighter who is unable to perform duties as a result of heart

disease, stroke or hypertension to be presumed to have suffered an in-the-line-of-duty disability,

unless the firefighter was hired after July 1, 2023, and there is clear and convincing evidence that

the firefighter suffered the condition at the time of hire or regularly used tobacco products for the

five (5) years prior to diagnosis.

     This act would take effect upon passage.

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