Cal. Code Regs. Tit. 11, § 1954 - Peace Officer Medical Evaluation

(a) Government Code Mandate/Evaluator Requirements Every peace officer candidate shall be evaluated by a licensed physician and surgeon (hereinafter referred to as "physician") to determine if the candidate is free from any physical (i.e., medical) condition that might adversely affect the ability to exercise peace officer powers [Government Code section 1031(f)]. The physician shall conduct the evaluation on behalf of and for the benefit of the employing department.

(b) Timing of the Medical Evaluation The medical evaluation shall commence only after the department has extended a conditional offer of employment to the peace officer candidate [Americans with Disabilities Act (42 U.S. Code section 12101 et seq); California Fair Employment and Housing Act (Government Code, section 12940 et seq)]. The medical evaluation must be completed within one year prior to date of employment. A new medical evaluation shall be conducted on peace officer candidates 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 peace officer duties, powers, 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. The POST Medical Screening Manual for California Law Enforcement (2015) provides medical examination and evaluation protocols that are based on patrol officer job demands and working conditions. These protocols may be adopted or adapted for use by the department, if and as appropriate. However, the use of the manual is discretionary.

(d) Required Sources of Information for the Medical Evaluation The medical evaluation shall include a review by the screening physician 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 peace officer duties, powers, demands, and working conditions provided by the department per subsection 1954(c).

(2) Medical History Statement

Prior to the medical evaluation, every peace officer candidate shall complete, sign and date a medical history statement. The POST Medical History Statement -- Peace Officer, POST 2-252 (Rev. 02/2013) 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 (Civil Code section 56.11), may be obtained directly from the health professional.

(e) Medical Evaluation Reporting Requirements

(1) The evaluating physician shall make a determination of the candidate's medical suitability, which includes whether the candidate is free from any physical condition that might adversely affect their ability to exercise the powers of a peace officer, and provide the department with a completed and signed POST form 2-363 (10/2023), Medical Suitability Declaration, herein incorporated by reference, affirming that the candidate was evaluated in accordance with Commission Regulation 1954. Prior to appointment as a peace officer, the candidate must be determined to be medically suitable.

(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 - Peace Officer, POST 2-253 (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

(1) 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)] .

(2) When a candidate notifies the department that s/he is seeking an independent opinion, the department shall make available the peace officer duties, powers, demands, and working conditions and the medical screening requirements specified in Commission Regulation 1954. 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.

Notes

Cal. Code Regs. Tit. 11, § 1954

1. Change without regulatory effect renumbering and amending former section 9054 to new section 1954 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. Amendment of subsections (c), (d)(2), (e)(1)(D), (e)(4) and (f) and new subsections (f)(1)-(2) filed 2-24-2016; operative 4-1-2016 (Register 2016, No. 9).
4. Amendment of subsections (e)-(e)(1)(A), (e)(2) and (e)(4) filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9).
5. Amendment of subsection (d)(1) 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.
6. Amendment of subsection (e)(1) and repealer of subsections (e)(1)(A)-(D) filed 6-8-2023; operative 10-1-2023 (Register 2023, No. 23).

Note: Authority cited: Section 1031, Government Code; and Sections 13503, 13506 and 13510, Penal Code. Reference: Section 56.11, Civil Code; Section 1031, Government Code; and Section 13510, Penal Code.

1. Change without regulatory effect renumbering and amending former section 9054 to new section 1954 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. Amendment of subsections (c), (d)(2), (e)(1)(D), (e)(4) and (f) and new subsections (f)(1)-(2) filed 2-24-2016; operative 4/1/2016 (Register 2016, No. 9).
4. Amendment of subsections (e)-(e)(1)(A), (e)(2) and (e)(4) filed 2-27-2018; operative 4/1/2018 (Register 2018, No. 9).
5. Amendment of subsection (d)(1) 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.
6. Amendment of subsection (e)(1) and repealer of subsections (e)(1)(A)-(D) filed 6-8-2023; operative 10/1/2023 (Register 2023, No. 23).