35 IAC 2-10-2 - Preexisting excludable medical conditions
Authority: IC 5-10.5-4-2; IC 36-8-8-5; IC 36-8-8-13.6
Affected: IC 36-8-8-13.5
Sec. 2.
(a) As
determined by the PERF board or the PERF board's designee and based on the
results of the general medical history and the physical examination of the
candidate, the preexisting conditions identified in subsection (b) will result
in the candidate being ineligible under certain circumstances for the Class 3
impairment benefits established in IC 36-8-8-13.5(e).
(b) Each of the following preexisting
conditions constitutes an excludable condition under IC 36-8-8-13.5 and IC
36-8-8-13.6:
(1) A history of myocardial
infarction.
(2) Angina pectoris or
other evidence of coronary artery disease.
(3) Congenital heart disease.
(4) Hypertrophy or dilation of the heart as
evidenced by examination.
(5)
Pericarditis, endocarditis, or myocarditis unless the examining physician
determines that the condition is now stable and unlikely to recur.
(6) Arrhythmias.
(7) Diabetes. A candidate with a history of
hyperglycemia or glucosuria or albuminuria must be considered to have an
excludable condition unless a report from the physician that treated the
candidate can be obtained which assures the absence of diabetes
mellitus.
(8)
Pancreatitis.
(9) A history of a
chronic bowel disorder such as Crohn's disease and ulcerative colitis. A
candidate with a history of a bowel obstruction within the preceding ten (10)
years shall be considered to have an excludable condition unless the candidate
is able to obtain a letter from the treating physician to the examining
physician explaining the nature of the obstruction and what was done to cure
it.
(10) Any hepatitis, chronic or
acute, with impairment of liver function.
(11) Cirrhosis or varices.
(12) Inguinal or femoral hernia, hiatal
hernia, if symptomatic, or ventral hernia, if symptomatic.
(13) Interabdominal tumor or mass.
(14) Any previous gastric resection unless
there is sound x-ray evidence provided that there is little chance of
recurrence of the condition which caused the first surgery.
(15) Active gastric or duodenal ulcer unless
the candidate is able to provide x-ray evidence that the ulcer is currently
healed. A history of a gastric or duodenal ulcer shall be treated the same as
any such active ulcer unless the candidate is able to provide x-ray evidence
that the ulcer is currently healed.
(16) Any evidence of rectal or prostatic
malignancy.
(17) Evidence of
existing renal calculus or ureterovesical calculus, if symptomatic.
(18) A person who has had a nephrectomy but
with a functional remaining kidney will not be considered to have an excludable
condition, provided there is no evidence of reduced renal function in the
remaining kidney.
(19) Any chronic
nephritis or nephrosis, hydronephrosis, pyelonephrosis, pyelitis,
pyelonephritis, or polycystic disease of the kidneys.
(20) Urinary tract disease, whether or not
the urinary tract has any significant abnormalities at this time, or whether
any organic disease is present, or other related disorders adversely affecting
the kidneys, excluding urinary tract infections.
(21) A history of kidney stones. If there is
a history of kidney stones, urological consultation must be sought in order to
provide an estimate of the likelihood of the recurrence of long term
incapacitating symptoms. A candidate exhibiting a high likelihood of recurrence
must be considered to have an excludable condition.
(22) Any proteinuria which is a result of
renal disease.
(23) Any
malformation of the urinary tract organs, congenital or acquired.
(24) Polycystic kidney.
(25) Any current fistula, either congenital
or acquired, including tracheostomy.
(26) Any history of subarachnoid hemorrhage,
cerebral aneurysm, or any cerebral vascular disease including any previous
stroke within the preceding ten (10) years.
(27) Hydrocephalus.
(28) Abnormalities from recent head injury,
such as severe cerebral concussion or contusion.
(29) Any acute or chronic pathological
condition in either eye or the adnexa of the eye.
(30) Nystagmus of the eye, uncorrected
strabismus, glaucoma, and aphakia, whether it is unilateral or bilateral, and
active chorioretinitis should be considered for further examination by a
qualified eye specialist to determine the likelihood and degree of future
impairment.
(31) Cataract,
retinitis pigmentosa, and any papilledema or tumor.
(32) Any retinal exudate, hemorrhage or
edema, or detachment of the retina.
(33) Inflammatory disease of the retina, the
globe, or the other structures within the globe.
(34) Heterophoria, hyperphoria, esophoria, or
exophoria should be considered for further examination by a qualified eye
specialist to determine the likelihood and degree of future
impairment.
(35)
Bronchiectasis.
(36) Bronchial
asthma.
(37) Emphysema or chronic
obstructive pulmonary disease.
(38)
Pulmonary fibrosis.
(39) Pleurisy
with effusion or empyema.
(40) Any
spontaneous pneumothorax unless the examining physician determines that the
condition is not likely to persist or recur.
(41) Any evidence or history of tuberculosis,
sarcoidosis, or congenital cystic disease of the lung, active histoplasmosis,
or any other lung pathology unless the examining physician determines that the
condition is now stable and unlikely to recur.
(42) Tumor or cyst of the lung, pleura, or
mediastinal.
(43) Any disease of
the blood forming organs or of the blood.
(44) Anemia with the hemoglobin lower than
twelve (12) grams per hundred cubic centimeters.
(45) Polycythemia, leukemia, or any other
progressive diseases of the blood system.
(46) Hemophilia or other bleeding
disorder.
(47) High blood pressure,
evidenced by any of the following:
(A) Any
blood pressure reading above one hundred fifty (150) millimeters mercury (for
systolic).
(B) Any blood pressure
reading above ninety (90) millimeters mercury (for diastolic).
(C) Use of antihypertensive medication.
However, if systolic and diastolic readings without medication are produced at levels lower than one hundred fifty (150) millimeters mercury (for systolic) and ninety (90) millimeters mercury (for diastolic) on three (3) consecutive days, high blood pressure shall not be an excludable condition.
(48) If peripheral edema is present, the
cause shall be determined and the disqualifying disorder identified.
(49) Aneurysm and arteriovenous
malformation.
(50) Any active
disease of bones and joints, including active arthritis, osteomyelitis, or
marked deformity of the spinal column, including, but not limited to, the
following:
(A) History of
laminectomy.
(B) Amputation or
deformity of a joint or limb.
(C)
Joint reconstruction.
(D)
Ligamentous instability.
(E) Joint
replacement.
(51)
Herniation of an intervertebral disk.
(52) Neurofibromatosis.
(53) Neuropathy or neuralgia, including
sciatica.
(54) Recurrent
syncope.
(55) Any seizure disorder
within the preceding ten (10) years.
(56) Parkinsonian syndrome (includes
Parkinson's disease).
(57)
Huntington's disease (chorea).
(58)
Ankylosing rheumatoid spondylitis.
(59) Malignant melanoma or, if it had been
removed, any evidence of metastatic disease.
(60) Hodgkin's disease, lymphadenopathy,
lymphomas, or lymphosarcomas.
(61)
Addison's disease, splenomegaly, or adenopathy secondary to systemic disease or
metastasis.
(62) Disease of the
adrenal gland, pituitary gland, parathyroid gland, or thyroid gland of clinical
significance.
(63) Nutritional
deficiency disease or metabolic disorder.
(64) Any malignant tumor of any type unless
completely eradicated for at least ten (10) years.
(65) Alcohol or drug abuse within five (5)
years.
(66) Anorexia nervosa or
bulimia within three (3) years.
(67) Auto immune disorders, including, but
not limited to, the following:
(A) Rheumatoid
arthritis and myasthenia gravis.
(B) Dermatomyositis.
(C) Scleroderma.
(68) Lupus erythematosus.
(69) Multiple sclerosis.
(70) Amyotrophic lateral sclerosis (Lou
Gehrig's disease).
(71) Muscular
dystrophy.
(72) Obesity of such a
degree so as to interfere with normal activities, including
respiration.
(73) Peripheral
atherosclerosis or arteriosclerosis, including any of the following peripheral
vascular diseases:
(A) Intermittent
claudication.
(B) Buerger's
disease.
(C) A phenomenon of
repeated thrombophlebitis.
(74) Acquired immune deficiency syndrome
(AIDS) or human immunodeficiency virus (HIV) positive, as determined by a blood
test.
(75) Sexually transmitted
diseases should be considered for further examination by a qualified medical
specialist to determine the likelihood and degree of future
impairment.
(76) Narcolepsy or
hypersomuolence due to any cause.
(77) Heart bypass surgery within the
preceding ten (10) years.
(78)
Primary pulmonary hypertension.
(79) Organ transplant.
(80) Pacemaker implant.
(81) Sleep apnea syndrome.
(82) Anxiety disorder.
(83) Panic disorder.
(84) Obsessive compulsive disorder.
(85) Post-traumatic stress
disorder.
(86) Attention
deficit/hyperactivity disorder.
(87) Tourette syndrome.
(88) Depressive disorder.
(89) Bipolar disorder.
(90) Personality disorder.
(91) Substance abuse disorder.
(92) Schizophrenia and other psychotic
disorders.
(93) Anorexia
nervosa.
(94) Miscellaneous or
other significant psychiatric disorder.
(95) Any disqualifying condition under 35 IAC
2-9-6 that has been accommodated by the local appointing authority.
(96) Any other significant
disease/disorder.
Notes
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