37 Pa. Code § 261.3 - Duties of law enforcement agency
(a) In accordance with section 7203(a)(1) of
the act (relating to mental health evaluations for law enforcement officers), a
law enforcement agency shall provide a law enforcement officer employed by the
law enforcement agency with a mental health evaluation for post-traumatic
stress disorder when requested by a law enforcement officer.
(1) The law enforcement agency shall make a
request for a mental health evaluation to a licensed mental health professional
on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule
the mental health evaluation with a licensed mental health professional to
occur within 10 calendar days of the request by the law enforcement
officer.
(3) The law enforcement
agency shall be responsible for costs associated with a mental health
evaluation.
(4) The law enforcement
agency shall notify the Commission within 5 calendar days, whenever the
evaluation, diagnosis or treatment of a law enforcement officer, who requests a
mental health evaluation under subsection (a), results in the officer being
unable to perform the essential job functions of a law enforcement officer.
This notification:
(i) Shall be accomplished
through TACS.
(ii) Shall indicate
only the new duty status.
(iii) May
not include any information concerning the evaluation, diagnosis or treatment
of the law enforcement officer.
(b) In accordance with section 7203(a)(2) of
the act, a law enforcement agency shall provide a law enforcement officer
employed by the law enforcement agency with a mental health evaluation for
post-traumatic stress disorder when a police chief or other supervising law
enforcement officer recommends a mental health evaluation.
(1) The law enforcement agency shall make a
request for a mental health evaluation to a licensed mental health professional
on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule
the mental health evaluation with a licensed mental health professional to
occur within 10 calendar days of the recommendation of the police chief or
supervising law enforcement officer.
(3) The law enforcement agency shall be
responsible for the costs associated with the mental health
evaluation.
(4) The law enforcement
agency shall notify the Commission within 5 calendar days, whenever the
evaluation, diagnosis or treatment of a law enforcement officer, who is
recommended for a mental health evaluation under subsection (b), results in the
law enforcement officer being unable to perform the full duties of a law
enforcement officer. This notification:
(i)
Shall be accomplished through TACS.
(ii) Shall indicate only the new duty
status.
(iii) May not include any
information concerning the evaluation, diagnosis or treatment of the law
enforcement officer.
(c) In accordance with section 7203(a)(3) of
the act, a law enforcement agency shall provide a law enforcement officer
employed by the agency with a mental health evaluation for post-traumatic
stress disorder after being directly involved in an incident where lethal force
was used in the course of law enforcement duties.
(1) The law enforcement agency shall make a
request for a mental health evaluation to a licensed mental health professional
on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule
the mental health evaluation with a licensed mental health professional to
occur within 30 calendar days of the incident involving the use of lethal
force.
(3) The law enforcement
agency shall be responsible for the costs associated with the mental health
evaluation.
(4) The law enforcement
agency shall notify the Commission within 5 calendar days, whenever the
evaluation, diagnosis or treatment of a law enforcement officer, who is
provided a mental health evaluation under subsection (c), results in the
officer being unable to perform the full duties of a law enforcement officer.
This notification:
(i) Shall be accomplished
through TACS.
(ii) Shall indicate
only the new duty status.
(iii) May
not include any information concerning the evaluation, diagnosis or treatment
of the law enforcement officer.
(d)
Administrative duty. A
law enforcement officer shall be assigned to administrative duty if the law
enforcement officer either:
(1) Fails to
undergo a scheduled mental health evaluation as required under subsections (a),
(b) or (c).
(2) Is not yet able to
resume full duties as determined by a licensed mental health
professional.
(e)
Notification. The law enforcement agency shall provide written
notification to the Commission when a law enforcement officer, who is required
to participate in a mental health evaluation under this section, fails to
comply with the requirements of §
261.5 (relating to duties of law
enforcement officer).
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