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24LSO-0053
ORIGINAL House
ENGROSSED
Bill No
.
HB0066
ENROLLED ACT NO. 23,
HOUSE OF REPRESENTATIVES
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session
AN ACT relating to labor and employment; authorizing firefighters to receive annual cancer screenings under the Wyoming worker's compensation act; making conforming amendments; providing definitions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 27
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14
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901 and 27
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14
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902 are created to read:
ARTICLE 9
FIREFIGHTER CANCER DETECTION AND PREVENTION
27
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14
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901.
Short title.
This act shall be known and may be cited as the "Aaron Booker Firefighter Cancer Screening Act."
27
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14
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902.
Cancer screenings for firefighters; requirements.
(a)
As used in this section, "firefighter" means a person who has been employed or has volunteered as a firefighter for not less than ten (10) years and is classified as a firefighter member as defined by W.S. 9
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3
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402(a)(xxv), a paid fireman as defined by W.S. 15
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5
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201(a)(xi), an employee under W.S. 15
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5
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402(a)(viii), the state fire marshal and their employees, a volunteer fireman as defined by W.S. 15
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5
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201(a)(xiv), a volunteer firefighter as defined by W.S. 35
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9
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616(a)(x) and any person employed by a municipal corporation or private organization who devotes the person's entire time of employment to the provision of fire protection service for a city, town, county or fire protection district.
(b)
Firefighters shall be presumed to have been exposed to cancer causing agents during the course and scope of their employment. These exposures shall be considered work related injuries for which cancer screenings shall be provided as a workers' compensation award under the provisions of this act. No other injury or award shall be presumed or required to be provided pursuant to this subsection but this section shall not prohibit the application of any other presumption or prohibit qualification for any other award under the other provisions of this act.
(c)
Firefighters who are currently employed in that profession shall be provided cancer screenings which shall consist of:
(i)
Breast cancer screenings for firefighters, to include mammograms at medically indicated intervals;
(ii)
Colon cancer screenings, to include stool based testing or colonoscopies at medically indicated intervals;
(iii)
Prostate cancer screenings for male firefighters, to include prostate specific antigen tests at medically indicated intervals;
(iv)
Routine screenings for any other cancers the risk or occurrence of which the director of the national institute for occupational safety and health has identified as higher among firefighters than among the general public.
(d)
The compensable workplace injury and cancer screenings award provided by subsection (b) and (c) of this section shall continue for not more than ten (10) years after the cessation of employment of a firefighter.
(e)
No workplace award of cancer screening benefits under this section shall be included in the calculation of any employer's experience rating but may be included in any base rate setting procedures conducted by the division.
Section 2.
W.S. 15
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5
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201(a)(iii), 27
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102(a)(xxvii), 27
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15
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102(b)(ii) and 35
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17
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106(a)(viii) are amended to read:
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5
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201.
Definitions.
(a)
As used in this article:
(iii)
"Compensation Act" means the Wyoming Worker's Compensation Act, W.S. 27
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101 through
27
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806
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14
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902
;
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102.
Definitions.
(a)
As used in this act:
(xxvii)
"This act" means W.S. 27
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101 through
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806
27
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14
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902
;
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15
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102.
Presumption of occupational disability; applicability; exceptions.
(b)
A presumption established under this act applies to a determination of whether a firefighter's injury, disease, illness, health impairment, disability or death resulted from a listed disease contracted in the course and scope of employment for purposes of benefits or compensation provided under:
(ii)
Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of W.S. 27
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101 through
27
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806
27
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14
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902
;
35
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17
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106.
Election to be covered by federal immunity.
(a)
The state of Wyoming elects to be immediately covered by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99
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660, Title IV adopted by Congress in 1986, to the extent authorized, as of the effective date of this section for all health care professional review bodies as defined in the act, for the applicable division of the department of health in its duties under W.S. 33
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36
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101 through 33
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36
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115 related to emergency medical services and for:
(viii)
The Wyoming workers' compensation medical commission and any health care provider providing peer reviews or independent medical evaluations, reviews or opinions, W.S. 27
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14
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101 through
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806
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902
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Section 3
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The department of workforce services shall promulgate any rules necessary to implement this act.
Section 4
.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2024.
(b)
Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
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