HB 128 New Mexico House · 2026 Regular Session

FIREFIGHTER OCCUPATIONAL DISEASE DISABLEMENT

HB 128 presumes that certain cancers and health conditions diagnosed after specific employment periods are caused by firefighting work, directly affecting full-time non-volunteer firefighters in New Mexico. It lists 17 cancer types (like bladder, breast, lung, and leukemia) that are presumed work-related after 5-15 years of service, along with infectious diseases (e.g., hepatitis) and PTSD requiring physical impairment. The bill shifts the burden of proof: employers must rebut these presumptions with evidence showing non-work causes, and medical treatment for covered conditions must be provided as if work-related. This aims to streamline access to workers' compensation for firefighters facing job-linked health issues without requiring them to prove causation in court.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 30, 2026 Signed Mar 6, 2026

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What changed between versions

introduced version → Final Version · 5 edits

MODERATE

This bill amends New Mexico's firefighter occupational disease law to expand presumptions of causation for various cancers, infectious diseases, and injuries. The changes modernize the list of covered conditions, adjust timeframes for cancer presumptions, and clarify requirements for heart injuries and strokes. These updates aim to better protect firefighters by making it easier to establish work-relatedness for certain health conditions.

Scope change

The bill expands the scope of occupational conditions presumed to be caused by firefighting employment, adding new cancer types, infectious diseases, and mental health conditions to the presumptive list.

ELIGIBILITY

Added new cancer types to the presumptive list including brain, cervical, colon, colorectal, esophageal, kidney, lung, malignant melanoma, mesothelioma, multiple myeloma, non-Hodgkin's lymphoma, ovarian, prostate, skin, stomach, testicular, thyroid, and ureter cancers.

Removed specific timeframes for certain cancers (brain, bladder, kidney, colorectal, non-Hodgkin's lymphoma, leukemia, ureter, testicular, breast, esophageal, and multiple myeloma) and replaced them with a uniform five-year employment period for most cancers.

Added presumptions for infectious diseases (hepatitis, tuberculosis, diphtheria, meningococcal disease, and MRSA) and posttraumatic stress disorder resulting in physical or mental impairment or death.

REQUIREMENT

Clarified that heart injury or stroke presumptions require the employer to have a current physical training program and the firefighter to participate in medical screening examinations.

DEFINITION

Maintained the definition of firefighter as a full-time non-volunteer employed by the state or local government who has taken the prescribed oath.

Floor votes · Senate Feb 18, 2026 · House Feb 10, 2026

How they voted

35–0

Passed · 3 other

Total votes 38

Feb 18, 2026

D Democratic22

20 Yea 2

90% Yea

R Republican16

15 Yea 1

93% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 6, 2026

Signed into law

Signed

executive

Feb 18, 2026

Upper · Passed

passed Senate

upper

Feb 17, 2026

Upper · Passed

DO PASS committee report adopted

upper

Feb 11, 2026

Introduced

Sent to Senate Health and Public Affairs Committee

upper

Feb 10, 2026

Lower · Passed

passed House

lower

Feb 6, 2026

Lower · Passed

DO PASS committee report adopted

lower

Feb 4, 2026

Lower · Passed

DO PASS committee report adopted

lower

Jan 30, 2026

Introduced

Sent to House Health & Human Services Committee & House Labor, Veterans & Military Affairs Committee

lower

Jan 22, 2026

Lower · Passed

not printed House Rules and Order of Business Committee

lower

5 primary · 0 co-sponsors