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Chapter 0219 - 572R - H Ver of SB1215
House Engrossed
Senate Bill
firefighters;
occupational disease; cancers
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 219
SENATE BILL 1215
AN
ACT
amending sections 23-901.01 and 23-901.09,
arizona revised statutes; relating to workers' compensation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-901.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-901.01.
Occupational disease; proximate causation; presumption;
definition
A. The occupational diseases as defined by section
23-901, paragraph 13, subdivision (c)
shall be
is
deemed to arise out of the employment only if all of the
following six requirements exist:
1. There is a direct causal connection between the
conditions under which the work is performed and the occupational disease.
2. The disease can be seen to have followed as a
natural incident of the work as a result of the exposure occasioned by the
nature of the employment.
3. The disease can be fairly traced to the employment
as the proximate cause.
4. The disease does not come from a hazard to which
workers would have been equally exposed outside of the employment.
5. The disease is incidental to the character of the
business and not independent of the relation of employer and employee.
6. The disease after its contraction appears to have
had its origin in a risk connected with the employment, and to have flowed from
that source as a natural consequence, although it need not have been foreseen
or expected.
B. Notwithstanding subsection A of this section and
section 23-1043.01, any disease, infirmity or impairment of a peace
officer's health that
is caused by brain, bladder, rectal or
colon cancer, lymphoma, leukemia or adenocarcinoma or mesothelioma of the
respiratory tract and that
results in disability or death is presumed to
be an occupational disease as defined in section 23-901, paragraph 13,
subdivision (c) and is deemed to arise out of employment
if the
disease, infirmity or impairment is caused by any of the following:
1. Adenocarcinoma.
2. Bladder cancer.
3. Brain cancer.
4. Colon cancer.
5. Leukemia.
6. Lymphoma.
7. Mesothelioma of the respiratory
tract.
8. Rectal cancer
.
C. The presumption provided in subsection B of this
section is granted if all of the following apply:
1. The peace officer passed a physical examination
before employment and the examination did not indicate evidence of cancer.
2. The peace officer was assigned to hazardous duty
for at least five years.
D. Subsection B of this section applies to both of
the following:
1. Peace officers currently in service.
2. Former peace officers who are sixty-five
years of age or younger and who are diagnosed with a cancer that is listed in
subsection B of this section not more than fifteen years after the peace
officer's last date of employment as a peace officer.
E. Subsection B of this section does not apply to
cancers of the respiratory tract if there is evidence that the peace officer's
exposure to cigarettes or tobacco products outside of the scope of the peace
officer's official duties is a substantial contributing cause in the
development of the cancer.
F. The presumption provided in subsection B of this
section may be rebutted by clear and convincing evidence that there is a
specific cause of the cancer other than an occupational exposure to a
carcinogen as defined by the international agency for research on cancer.
G. For the purposes of this section, "peace
officer" means a full-time peace officer who was regularly assigned
to hazardous duty as a part of a special operations, special weapons and
tactics, explosive ordinance disposal or hazardous materials response unit.
END_STATUTE
Sec. 2. Section 23-901.09, Arizona Revised
Statutes, is amended to read:
START_STATUTE
23-901.09.
Presumption; cancers; firefighters and fire investigators;
applicability; definitions
A. Notwithstanding section 23-901.01,
subsection A and section 23-1043.01
,
:
1.
any disease, infirmity or
impairment of a firefighter's or fire investigator's health that
is
caused by brain, bladder, rectal or colon cancer, lymphoma, leukemia or
adenocarcinoma or mesothelioma of the respiratory tract and that
results
in disability or death is presumed to be an occupational disease as defined in
section 23-901, paragraph 13, subdivision (c) and is deemed to arise out
of employment
if the disease, infirmity or impairment is caused
by any of the following:
1. Adenocarcinoma.
2. Bladder cancer.
3. Brain cancer.
4. Breast cancer.
5. Buccal cavity cancer.
6. Colon cancer.
7. Esophageal cancer.
8. Kidney cancer.
9. Large intestine cancer.
10. Leukemia.
11. Lung cancer.
12. Lymphoma.
13. Malignant melanoma.
14. Mesothelioma of the respiratory
tract.
15. Multiple myeloma.
16. Non-hodgkin's lymphoma.
17. Ovarian cancer.
18. Pharynx cancer.
19. Prostate cancer.
20. Rectal cancer.
21. Skin cancer.
22. Stomach cancer.
23. Testicular cancer
.
2. Any disease, infirmity or
impairment of a firefighter's or fire investigator's health that is caused by
buccal cavity, pharynx, esophagus, large intestine, lung, kidney, prostate,
skin, stomach, ovarian, breast or testicular cancer or non-Hodgkin's
lymphoma, multiple myeloma or malignant melanoma and that results in disability
or death is presumed to be an occupational disease as defined in section 23-901,
paragraph 13, subdivision (c) and is deemed to arise out of employment.
B. The presumptions provided in subsection A of this
section are granted if all of the following apply:
1. The firefighter or fire investigator passed a
physical examination before employment and the examination did not indicate
evidence of cancer.
2. The firefighter or fire investigator was assigned
to hazardous duty for at least five years.
3. For the presumption provided in subsection A,
paragraph
2
4, 5, 7, 8, 9, 11, 13,
15, 16, 17, 18, 19, 21, 22 or 23
of this section and for firefighters
only, the firefighter received a physical examination that is reasonably
aligned with the national fire protection association standard on comprehensive
occupational medical program for fire departments (NFPA 1582).
C. Subsection A of this section applies to both of
the following:
1. Firefighters or fire investigators currently in
service.
2. Former firefighters or fire investigators who are
sixty-five years of age or younger and who are diagnosed with a cancer
that is listed in subsection A of this section not more than fifteen years
after the firefighter's or fire investigator's last date of employment as a
firefighter or fire investigator.
D. Subsection A of this section does not apply to
cancers of the respiratory tract if there is evidence that the firefighter's or
fire investigator's exposure to cigarettes or tobacco products outside of the
scope of the firefighter's or fire investigator's official duties is a
substantial contributing cause in the development of the cancer.
E. The presumption
provided in subsection A of this section may be rebutted by clear and
convincing evidence that there is a specific cause of the cancer other than an
occupational exposure to a carcinogen as defined by the international agency
for research on cancer.
F. For the purposes of this section:
1. "Firefighter" means a full-time
firefighter who was regularly assigned to hazardous duty.
2. "Fire investigator" means a person who
is employed full time by a municipality or fire district and who is trained in
the process of and responsible for determining the origin, cause and
development of a fire or explosion.
END_STATUTE
Sec. 3.
Retroactivity
Section 23-901.09, Arizona Revised
Statutes, as amended by this act
, applies
retroactively to from and after June 30, 2021.
APPROVED BY THE GOVERNOR JUNE 22, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 22, 2026.