This chapter does not apply to an individual who, at any time during the individual's employment by the state or a political subdivision of the state as:

1. (1) a member of a fire department (as defined in IC 36-8-1-8 );
2. (2) an emergency medical services provider (as defined in IC 16-41-10-1 ); or

3. (3) a member of a police department (as defined in IC 36-8-1-9 );

   used tobacco products in any form in the five (5) years before the time the individual is diagnosed under section 9(a) of this chapter.

As added by P.L.62-2006, SEC.1. Amended by P.L.109-2015, SEC.21.