Statutes, codes, and regulations
New Mexico Administrative Code
Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENTChapter 29 - LAW ENFORCEMENT ACADEMY
Part 9 - POLICE OFFICER
Section 10.29.9.17 - MEDICAL REVIEW PROCEDURES

N.M. Code R. § 10.29.9.17

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Current through Register Vol. 35, No. 8, April 23, 2024
Section 10.29.9.17 - MEDICAL REVIEW PROCEDURES
A. Authority: In accordance with the provisions of the Law Enforcement Training Act, Section 29-7-6 NMSA 1978, an applicant for certification or training must be examined by a licensed physician and be found to be free of any physical condition that might adversely affect his/her performance as a police officer or prohibit him/her from successfully completing a prescribed basic law enforcement training course.
B.Introduction: In establishing medical selection guidelines, the New Mexico law enforcement academy board recognizes the principle that nothing the academy does should interfere with the employers hiring process. However, the academy reserves the right to determine if the candidate may pose a direct threat to his/her safety or that of others in attending and participating in all aspects of the training program.
C.Information to physician and agency: examination instructions: Under the medical selection guidelines the role of the physician is to identify the existence of any potentially excludable conditions. The physician and employer shall review these findings and the employer will make a decision as to whether the conditional offer of employment should be withdrawn, or to initiate discussions with the candidate concerning reasonable accommodations. The employer then determines whether any particular proposed accommodation is acceptable and reasonable. Once the determination is made that the candidate with reasonable accommodation can perform the essential tasks of policing, and assuming that a position is available, the conditional offer of employment should be honored and the candidate scheduled for admission into the academy. (See LEA medical forms, 16 pages.)
D.The academy: In those instances where a candidate comes to the academy, with or without accommodation, and the director determines that the physical/medical condition of the individual poses a direct threat to his/her safety or that of others, admission to the academy can be denied for good reason, providing no reasonable accommodation can be found. The rejected candidate may appeal to the medical review board to seek redress. In that instance, the director, who is a member of the medical review board, shall excuse him/herself from the appeal.
E.Medical review board established: There is established a subcommittee of the New Mexico law enforcement academy board known as the medical review board. The membership of the medical review board is appointed by the chairperson and shall include:
(1) chair: member of the New Mexico law enforcement academy board selected to serve as the chair of the medical review board;
(2) police chief;
(3) sheriff;
(4) advocate of the disabled community;
(5) two physicians (well experienced in medical employment examinations); and
(6) director of academy
F.Appeal process: When a candidate who considered him/herself protected under the Americans with Disabilities Act, is rejected by the employer, he/she may pursue recourse through the courts. However, if the candidate is rejected by an examining physician under the medical selection guidelines due to a medical condition of particular severity, e.g., back problems, diabetes, cardiovascular disease, etc., and he/she feels that he/she can perform the essential tasks, he/she can appeal to the medical review board. At the candidate's initiation and expense, the candidate may present evidence/testimony/demonstrations of his/her ability to perform the essential tasks without posing a direct risk to his/her health and safety and that of others. The medical review board cannot determine whether accommodations are reasonable or unreasonable since those are matters which are exclusive to the applicant and the employer. The medical review board will review the information presented by the applicant and make a recommendation to the academy board as to whether he/she can be admitted to the academy. After consideration of the medical review board recommendation, the academy board will make a final determination.
G.Medical selection guidelines (potentially excludable conditions") entry level law enforcement officer:
(1) Eyes and vision.
(a) Visual acuity - distant vision;uncorrected distant vision should be better than, or equal to, 20/100 (Snellen) binocular, and correctable to better than, or equal to, 20/30 (Snellen) binocular; distant vision correctable to better than, or equal to, 20/30 (Snellen) binocular. Preferred means of correction are soft contact lenses or shatterproof frames and lenses with headband.
(b) Visual acuity - near vision;near vision correctable to better than, or equal to, 20/40 (Snellen) binocular.
(c) Visual acuity - color vision;Correct reading of at least nine or more of the first 13 plates of the Ishihara test (24 plate edition). Recourse testing is available by means of the Farnsworth - Munsell 100-hue test.
(d) Visual acuity - depth perception; depth perception should be sufficient to demonstrate normal stereo depth perception with or without correction to the standard: 100 ARC seconds.
(e) Visual acuity - peripheral vision; Peripheral vision should be normal and not negatively impact candidate's ability to perform essential tasks.
(f) Glaucoma - if the candidate meets visual acuity guidelines following treatment, then the condition is non-disqualifying.
(g) Strabismus - if the candidate meets visual acuity guidelines following surgery, then the condition is non-disqualifying.
(h) Cataracts, current - if the candidate meets visual acuity guidelines following treatment, the condition is non-disqualifying.
(i) Proliferative retinopathy - if the candidate meets visual acuity guidelines following treatment, the condition is non-disqualifying.
(j) Nystagmus or other extra-ocular movement - if the candidate meets visual acuity guidelines, then the condition is non-disqualifying.
(k) Monocular vision.
(l) Blindness, including night-blindness.
(m) Retinal detachment - if the candidate meets visual acuity guidelines following treatment, then the condition is non-disqualifying.
(n) Chronic keratitis - if the candidate meets visual acuity guidelines following treatment, then the condition is non-disqualifying.
(o) Optic neuritis - if the candidate meets visual acuity guidelines following treatment, then the condition is non-disqualifying.
(2) Ears and hearing.
(a) Hearing acuity - the average hearing level (HL) at the test frequencies, 500, 1000, and 2000 Hz will not exceed 25dB in either ear, and no single hearing level will exceed 30 dB at any of these test frequencies in either ear. Hearing loss at 3000 Hz will not exceed 40 dB HL in either ear. Recourse testing of speech discrimination ability using phonetically balanced word lists in the presence of noise is available.
(b) Acute otitis media, otitis externa, and mastoiditis - if the candidate meets hearing acuity guidelines and the condition is under treatment, then the condition is non-disqualifying.
(c) Any inner/middle/outer ear disorder affecting equilibrium - if the candidate has historically had episodes of vertigo, he or she may require further evaluation.
(3) Nose, throat, and mouth - the conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) loss of sense of smell;
(b) aphonia, speech loss or speech defects; or
(c) deformities interfering with the proper fitting of a gas mask.
(4) Peripheral vascular system - the conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Hypertension - resting blood pressure should be less than, or equal to, 140 mmHg systolic and 90mmHg diastolic on three successive readings. (If the candidate has controlled hypertension and is on medication with side effect profiles which do not interfere with performance of essential tasks then the condition may not be disqualifying.)
(b) Varicose veins - if the condition is serious enough to affect the candidate's ability to perform essential tasks, it should be noted.
(c) Venous insufficiency - if the condition is serious enough to affect the candidate's ability to perform essential tasks, it should be noted.
(d) Peripheral vascular diseases - if the condition is serious enough to affect the candidate's ability to perform essential tasks, it should be noted.
(e) Thrombophlebitis -if the condition is serious enough to affect the candidate's ability to perform essential tasks, it should be noted.
(5) Heart and cardiovascular system - the conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Congenital heart disease - if the candidate's functional work capacity is unimpaired, then the condition is non-disqualifying.
(b) Valvular heart disease - if the candidate's functional work capacity is unimpaired, then the condition is non-disqualifying.
(c) Coronary artery disease.
(d) ECG abnormalities (if associated with organic heart disease) including, but not limited to:
(i) Wolff-Parkinson-White (WPW) syndrome.
(ii) ST depression.
(iii) right or left bundle branch blocks.
(iv) 3 degree A-V block.
(v) Mobitz type ii A-V blocks.
(vi) Sinoatrial block or sick sinus syndrome.
(vii) Ventricular extrasystoles (frequent - 20/minute with exercise, 10/minute without exercise).
(viii) Ventricular tachycardia.
(ix) Atrial fibrillation or flutter.
(x) Symptomatic supraventricular tachycardia.
(e) Angina.
(f) Congestive heart failure.
(g) Cardiomyopathy.
(h) Active pericarditis, endocarditis, and myocarditis.
(6) Respiratory system - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Active pulmonary tuberculosis
(b) Chronic bronchitis.
(c) Active asthma - if satisfactorily treated, the condition is not disqualifying.
(d) Chronic obstructive pulmonary disease.
(e) Bronchiectasis and pneumothorax.
(f) Pneumonectomy.
(g) Acute/chronic mycotic diseases - Including, but not limited to, coccidiodomycosis and histoplasmosis.
(7) Gastrointestinal system - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Colitis - Including, but not limited to, Crohn's disease, ulcerative colitis, irritable bowel syndrome (symptomatic or needing medication), bacterial colitis. If satisfactorily treated, the condition is not disqualifying.
(b) Esophageal disorders - including, but not limited to, esophageal stricture, lower esophageal ring and esophageal spasm. If the candidate's condition is controlled, then the condition is non-disqualifying.
(c) Hemorrhoids - If the candidate's condition is controlled, then the condition is non-disqualifying.
(d) Pancreatitis.
(e) Gall bladder disorders.
(f) Active peptic ulcer disease.
(g) Symptomatic inguinal, umbilical, ventral, femoral, or incisional hernias.
(h) Malignant disease of the liver, gall bladder, pancreas, esophagus, stomach, small or large bowel, rectum or anus.
(i) Gastrointestinal bleeding - If condition is satisfactorily treated, then it is not disqualifying.
(j) Active or chronic hepatitis.
(k) Cirrhosis of the liver.
(8) Genitourinary system - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation. People with communicable diseases must be evaluated relevant to their ability to train for and perform essential tasks without posing a direct threat to the health and safety of themselves and others.
(a) Pregnancy -qualification of the candidate is dependent upon the stage of the pregnancy.
(b) Nephrectomy -If a candidate possesses this condition with normal renal functions, then the condition is non-disqualifying.
(c) Acute nephritis.
(d) Nephrotic syndrome.
(e) Acute renal/urinary calculi.
(f) Renal transplant.
(g) Renal failure.
(h) Hydrocele and varicocele (symptomatic).
(i) Malignant diseases of bladder, kidney, ureter, cervix, ovaries, breasts, prostate, etc.
(j) Active venereal diseases.
(k) Urinary tract infection.
(l) Polycystic kidney disease.
(m) Pelvic inflammatory disorders.
(n) Cervicitis.
(o) Endometriosis.
(p) Bartholin gland abscess.
(q) Vaginitis.
(r) Inflammatory disorders - including, but not limited to, prostatitis, orchitis, and epididymitis.
(s) Presence of illicit drugs.
(9) Endocrine and metabolic systems - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Untreated thyroid disease.
(b) Diabetes mellitus.
(c) Adrenal dysfunction - including, but not limited to, Addison's disease and Cushing's disease.
(d) Hypoglycemia.
(e) Pituitary dysfunction.
(f) Thyroid tumor.
(10) Skin and collagen diseases - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Serious dermatological disorders.
(b) Lupus erythematosus.
(c) Contact allergies (of a serious or relevant nature).
(11) Musculoskeletal system - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Disorders that limit motor performance.
(b) Cervical spine or lumbosacral fusion.
(c) Degenerative cervical or lumbar disc disease (if symptomatic).
(d) Extremity amputation.
(e) Osteomyelitis.
(f) Loss in motor ability from tendon or nerve injury/surgery.
(g) Arthritis - if a candidate possesses this condition with no functional impairment, then the condition is non-disqualifying.
(h) Joint conditions - any condition which negatively impacts the ability of the candidate to perform essential tasks should be noted for further evaluation.
(i) Coordinated balance.
(j) Herniated disc (symptomatic).
(k) Spinal deviations.
(l) Fracture deformities (symptomatic).
(12) Hematopoietic and lymphatic systems - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Anemia (all).
(b) Polycythemia.
(c) Sickle cell trait - sickle cell trait is a non-disqualifying condition.
(d) Sickle cell disease.
(e) Hematopoietic disorders (including malignancies).
(f) Hemophilia.
(13) Nervous system - The conditions which follow are not meant to be exclusive. If the examining physician feels (an) other unstated condition(s) may adversely impact the ability of the candidate to perform the essential tasks of the job, it (they) should be noted for further evaluation.
(a) Epilepsy.
(b) Cerebral palsy.
(c) Movement disorders.
(d) Cerebral aneurysms.
(e) Syncope.
(f) Progressive neurological diseases - including, but not limited to, multiple sclerosis and Huntington's chorea.
(g) Peripheral nerve disorder - including, but not limited to, polyneuritis, mononeuritis and neurofibromatosis.
(h) Narcolepsy.
(i) Cerebral vascular accident.
(j) Central nervous system infections.

N.M. Code R. § 10.29.9.17

3/1/98; 10.29.9.17 NMAC - Rn, 10 NMAC 29.9.17, 4/30/01, Adopted by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/15/2016