§ 36-8-8-19 — Baseline statewide physical and mental examinations

Indiana § 36-8-8-19

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 8: 1977 Police Officers' and Firefighters' Pension and

Text

(a) The baseline statewide physical
examination required by section 7(a) of this chapter shall be prescribed
by the system board and shall be administered by the appointing
authority, as determined by the local board, after the appointing
authority extends a conditional offer for employment. The baseline
statewide physical examination shall be administered by a licensed
physician and must include all of the following:
(1) A general medical history.
(2) The tests identified in rules that shall be adopted by the system
board.
(b) The system board shall adopt minimum standards by rule that a
police officer or firefighter must meet for the baseline statewide
physical examination described in subsection (a). The baseline
statewide physical examination and related standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before January
1, 2015, and every five (5) years thereafter.
(c) The system board shall, in consultation with the commissioner
of mental health, select the baseline statewide mental examination
described in section 7(a) of this chapter. The standards for passing the
baseline statewide mental examination shall be determined by the local
board. The baseline statewide mental examination and related
standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before January
1, 2015, and every five (5) years thereafter.
The purpose of the baseline statewide mental examination is to
determine if the police officer or firefighter is mentally suitable to be
a member of the department. The local board may designate a
community mental health center or a managed care provider (as
defined in IC 12-7-2-127(b)), a hospital, a licensed physician, or a
licensed psychologist to administer the examination. However, the
results of a baseline statewide mental examination shall be interpreted
by a licensed physician or a licensed psychologist.
(d) The employer shall pay for no less than one-half (1/2) the cost
of the examinations.
(e) Each local board shall name the physicians who will conduct the
examinations under this section.
(f) If a local board determines that a candidate passes the local
physical and mental standards, if any, established under IC 36-8-3.2-6,
the baseline statewide physical examination described in subsection
(a), and the baseline statewide mental examination described in
subsection (c), the local board shall send the following to the Indiana
public retirement system:
(1) Copies and certification of the results of the baseline statewide
physical examination described in subsection (a).
(2) Certification of the results of the physical agility examination
required under IC 36-8-3.2-3 or IC 36-8-3.2-3.5.
(3) Certification of the results of the baseline statewide mental
examination described in subsection (c).
(g) The system board or the system board's designee shall then
determine whether the candidate passes the baseline statewide physical
standards adopted under subsection (b). If the candidate passes the
baseline statewide standards, the system board or the system board's
designee shall also determine whether the candidate has a Class 3
excludable condition under section 13.6 of this chapter. The system
board or the system board's designee shall retain the results of the
examinations and all documents related to the examination until the
police officer or firefighter retires or separates from the department.
(h) To the extent required by the federal Americans with Disabilities
Act, the system board shall do the following:
(1) Treat the medical transcripts, reports, records, and other
material compiled under this section as confidential medical
records.
(2) Keep the transcripts, reports, records, and material described
in subdivision (1) in separate medical files for each member.
(i) A local board may, at the request of an appointing authority or on
the local board's own motion, issue subpoenas, discovery orders, and
protective orders in accordance with the Indiana Rules of Trial
Procedure to facilitate the receipt of accurate and original documents
necessary for the proper administration of this chapter. A subpoena or
order issued under this subsection:
(1) must be served in accordance with the Indiana Rules of Trial
Procedure; and
(2) may be enforced in the circuit or superior court with
jurisdiction for the county in which the subpoena or order is
served.

Legislative History

As added by P.L.365-1983, SEC.2. Amended by P.L.202-1984, SEC.2; P.L.342-1985, SEC.8; P.L.4-1992, SEC.52; P.L.40-1994, SEC.82; P.L.99-2010, SEC.14; P.L.23-2011, SEC.30; P.L.6-2012, SEC.253.