Cal. Code Regs. tit. 11 § 1960

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 1960 - Public Safety Dispatcher Medical Evaluation

(a) Evaluator Requirements

Every public safety dispatcher candidate shall be evaluated to determine if the candidate is free from any physical (i.e., medical) condition that might adversely affect the ability to perform the duties of a public safety dispatcher. The evaluation shall be conducted on behalf of and for the benefit of the employing department by a licensed physician or a licensed health care professional under the supervision of a licensed physician.

(b) Timing of the Medical Evaluation

The medical evaluation shall commence only after the department has extended a conditional offer of employment to the public safety dispatcher candidate. The medical evaluation must be completed within one year prior to date of appointment. A new medical evaluation shall be conducted on public safety dispatcher candidates who are reappointed to the same department, unless the prior evaluation occurred within one year of the date of reappointment.

(c) Medical Screening Procedures and Evaluation Criteria

The medical screening procedures and evaluation criteria used in the conduct of the medical evaluation shall be based on the public safety dispatcher duties, demands, and working conditions as defined by the department. This information shall be provided to the physician, along with any other information (e.g., risk management considerations) that will allow the physician to make a medical suitability determination.

(d) Required Sources of Information for the Medical Evaluation The medical evaluation shall include a review of the following sources of information prior to making a determination about the candidate's medical suitability.

(1) Job Information

Job information shall consist of the public safety dispatcher duties, demands, and working conditions provided by the department per subsection 1960(c).

(2) Medical History Statement

Prior to the medical evaluation, every public safety dispatcher candidate shall complete, sign and date a medical history statement. The POST Medical History Statement -- Public Safety Dispatcher, POST 2-264 (12/2011) can be used for this purpose, or an alternative form that includes inquiries about past and current medical conditions and procedures, physical symptoms, limitations, restrictions, and the use of medications and drugs.

(3) Medical Records

Medical records shall be obtained from the candidate's treating physician or other relevant health professional, if warranted and obtainable. This information may be provided by the candidate, or, with written authorization from the candidate (California Civil Code section 56.11), may be obtained directly from the health professional.

(e) Medical Evaluation Reporting Requirements

(1) A medical suitability declaration shall be submitted to the department that includes the following information:

(A) The physician's, printed name, contact information and medical license number,

(B) The candidate's name,

(C) The date the evaluation was completed, and

(D) A statement, signed by the physician, affirming that the candidate was evaluated in accordance with Commission Regulation 1960. The statement shall include a determination of the candidate's medical suitability for performing as a public safety dispatcher.

(2) The department shall maintain the medical suitability declaration in the candidate's background investigation file; the declaration shall be available to POST during compliance inspections.

(3) The physician shall provide any additional information to the department that is necessary and appropriate for the hiring department, such as the candidate's job-relevant functional limitations, reasonable accommodation requirements, and potential risks posed by detected medical conditions. All information deemed medical in nature shall be maintained as a confidential medical record, separate from the background investigation file.

(4) The POST Medical Examination Report - Public Safety Dispatcher, POST 2-265 (2018) is available for use in reporting this information; however, its use is discretionary.

(5) Information from the medical evaluation may be provided to others involved in the hiring process, if it is relevant to their respective determinations of candidate suitability.

(f) Second Opinions

'A candidate who is found medically unsuitable has the right to submit an independent evaluation for consideration before a final determination of disqualification is made [2 California Code of Regulations section 11071(b)(2)]. When a candidate notifies the department that s/he is seeking an independent opinion, the department shall make available the public safety dispatcher duties, demands, and working conditions and the medical screening requirements specified in Commission Regulation 1960. Other information, such as specific procedures or findings from the initial evaluation, may be shared with the second-opinion evaluator at the discretion of the department. The means for resolving discrepancies in evaluations is at the discretion of the department, consistent with local personnel policies and/or rules.

Cal. Code Regs. Tit. 11, § 1960

1. Change without regulatory effect renumbering and amending former section 9060 to new section 1960 filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
2. Change without regulatory effect amending subsection (f) filed 12-2-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).
3. Change without regulatory effect amending subsection (d)(3) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
4. Change without regulatory effect amending subsections (e)(1)(D) and (e)(4) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
5. Amendment of subsections (e)-(e)(1)(A), (e)(2) and (e)(4) filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9).
6. Amendment of subsections (d)(1) and (e)(1)(D) filed 10-15-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 13503, 13506 and 13510, Penal Code. Reference: Section 13510, Penal Code; Sections 12900 et seq., 12940 and 12946, Government Code; Section 56.11, Civil Code; and 42 USC 12101.

1. Change without regulatory effect renumbering and amending former section 9060 to new section 1960 filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
2. Change without regulatory effect amending subsection (f) filed 12-2-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 49).
3. Change without regulatory effect amending subsection (d)(3) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
4. Change without regulatory effect amending subsections (e)(1)(D) and (e)(4) filed 6-9-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 24).
5. Amendment of subsections (e)-(e)(1)(A), (e)(2) and (e)(4) filed 2-27-2018; operative 4/1/2018 (Register 2018, No. 9).
6. Amendment of subsections (d)(1) and (e)(1)(D) filed 10-15-2021; operative 1/1/2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.