41-942. Qualifications for admission to hospital; definitions

A. A person, under the order of the governor, shall be admitted to the hospital for miners with disabilities who:

1. Has been a resident while in the occupation of mining in this state.

2. Is a citizen or legal resident of the United States.

3. Has reached the age of sixty years or more, and is financially unable to support himself, or has suffered incapacitating injuries arising from and in the course of mining.

B. Based on available space and funding, the governor may approve a person for admission to the hospital for miners with disabilities who has not yet reached the age of sixty years but otherwise qualifies for admission under subsection A.

C. For the purposes of this section:

1. "Claim" has the same meaning prescribed in section 27-301.

2. "Mine" has the same meaning prescribed in section 27-301.

3. "Mining":

(a) Has the same meaning prescribed in section 27-301.

(b) Does not include performing executive, administrative, support or clerical functions for the owner or operator of a mine, unless a person who performs executive, administrative, support or clerical functions for the owner or operator of the mine had significant environmental exposure to mining activities that could be detrimental to a person's health.

(c) Does not include activities performed by an owner of a private mining claim who did not actually work the claim.