§ 38-1112 — Law enforcement officers; fitness for duty examinations; rights of officers; definitions

A. An employer may order a law enforcement officer to submit to a physical, psychological or behavioral examination only if the law enforcement officer has acted or failed to act in an observable manner that indicates that there is a physical, psychological or behavioral condition materially limiting the law enforcement officer's ability to perform the essential functions of the law enforcement officer's job within the law enforcement officer's job description. The order shall state all of the specific objective facts on which the order for the examination is based except that the order may omit the specific names of individuals who reported the law enforcement officer's conduct to the supervisor.

B. The order shall provide at least ten calendar days' notice to the law enforcement officer to be examined and shall specify the time, place, manner, conditions and scope of the examination and the person or persons who will conduct the examination. Specific to psychological examinations, if the law enforcement officer is a danger to himself or others, the ten-day notice is not required. The law enforcement officer to be examined may have a representative present during the examination if the professional conducting the examination agrees.

C. The employer shall provide the law enforcement officer with the final report of the examination containing the professional's findings within five business days after the law enforcement agency receives the final report from the professional. The employer may provide any additional information related to the fitness for duty examination to the examining professional.

D. The report shall be provided only to the employer and the law enforcement officer and shall not be provided to any other person except as required for any subsequent appeal or certification action involving the law enforcement officer. The employer shall provide notice to the law enforcement officer that the report has been received by the employer. The report shall be provided to the law enforcement officer immediately if the law enforcement officer presents the final report of an independent medical examination or if the law enforcement officer waives any right to request an independent medical examination. If the law enforcement officer does not present the results of an independent medical examination within twenty calendar days after the employer provides notice to the law enforcement officer that the report has been received by the employer, the law enforcement officer is deemed to have waived the right to present the results of the independent medical examination.

E. The employer shall make a reasonable good faith effort to deliver the report to the law enforcement officer.

F. The professional may consider and report on only the law enforcement officer's medical or other records that are directly relevant to the actions in question, including preemployment physical, behavioral and psychological evaluations, and when conducting the examination, including medical records that record preexisting conditions that are relevant to the examination. The professional may additionally consider and report any condition of the law enforcement officer that the professional identifies during the course of the examination and that endangers the safety of the law enforcement officer or the community.

G. The employer shall not take any final action until after the law enforcement officer has had at least twenty calendar days to review the report unless the law enforcement officer waives the twenty-day period or the employer grants an extension.

H. This section does not prohibit the preexamination materials from being used in any proceeding held pursuant to section 38-1104.

I. Providing the preexamination materials to the person conducting the independent examination of the law enforcement officer does not change the disclosure requirements under section 38-1104.

J. For the purposes of this section:

1. "Independent medical examination" means an assessment that is requested by a law enforcement officer, that is conducted by a physician who is licensed pursuant to title 32, chapter 13 or 17 and that is used to provide a second, independent opinion of a current law enforcement officer who has been determined to not be able to perform essential functions of the job as a result of observation and a subsequent employer-ordered physical examination.

2. "Law enforcement officer" means:

(a) A regularly employed and paid individual, other than a probationary employee, who is certified by the Arizona peace officer standards and training board and who is working in a position requiring certification by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district, an at-will employee or a voluntary or reserve employee.

(b) A corrections officer or detention officer, other than a juvenile detention officer, who is employed by this state or a political subdivision of this state.

3. "Preexamination materials" means all information or materials, including preemployment material, that the employer gives to the physician who conducts the examination and that serve as the basis for the examination.

4. "Professional" means any licensed physician, psychologist or psychiatrist or any licensed individual who provides a behavioral, physical or psychological evaluation or opinion on a law enforcement officer after an employer's order.