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