N.Y. Comp. Codes R. & Regs. tit. 9 § 6000.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6000.4 - Post-offer medical review

(a) The qualified physician or practitioner shall assess each candidate on a case-by-case basis to determine whether the candidate can, with or without reasonable accommodations, perform the essential functions of an entry-level police officer for the local police agency seeking to employ the candidate.

(b) The examining physician or practitioner shall complete a medical examination form based upon the medical review of the candidate. The existence of a potentially disqualifying condition shall not preclude the qualified physician or practitioner from determining that the candidate is able to perform the essential job functions of an entry-level officer. Nothing herein, however, shall preclude the qualified physician or practitioner from noting the existence of any other potentially disqualifying conditions not specifically set forth in this Part, which, in the opinion of such physician or practitioner, may render the candidate unable to perform the essential functions of an entry-level police officer.

(c) Upon the conclusion of the medical examination, the qualified practitioner or physician shall sign the medical examination form and shall render his/her medical opinion to the employing agency as to whether the candidate can perform the essential functions of an entry-level police officer, noting all relevant medical information. However, in the event that the medical examination reveals the existence of a potentially disqualifying condition, the MPTC strongly recommends that a qualified physician sign the medical examination form (after further review if the initial examination was performed by a qualified practitioner) and render his/her medical opinion to the employing agency as to whether the candidate can perform the essential functions of an entry-level police officer, noting all relevant medical information.

(d) The qualified physician or practitioner shall determine whether in his/her professional judgment each candidate can, with or without reasonable accommodations, perform the essential functions of an entry-level police officer upon the results of the clinical tests as set forth in section 6000.6 of this Part, the medical standards as set forth in section 6000.7 of this Part, the essential job functions for police officer candidates as set forth in section 6000.9 of this Part, and other relevant medical criteria which in the opinion of the qualified physician or practitioner, may be used to base his/her judgment.

(e) Based upon the recommendations of the qualified physician or practitioner, the local police agency wishing to employ the candidate shall render the final decision as to whether the offer of employment shall be revoked.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6000.4