Bill Text: AZ SB1038 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced


Bill Title: Law enforcement; duty fitness examination

Status: (Introduced - Dead) 2010-01-12 - Referred to Senate PSHS Committee [SB1038 Detail]

Download: Arizona-2010-SB1038-Introduced.html

 

 

PREFILED    JAN 07 2010

REFERENCE TITLE: law enforcement; duty fitness examination

 

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SB 1038

 

Introduced by

Senator Waring

 

 

AN ACT

 

amending title 38, chapter 8, article 1, Arizona Revised Statutes, by adding section 38‑1103; relating to law enforcement and probation officers.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 38, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 38-1103, to read:

START_STATUTE38-1103.  Law enforcement officers; probation officers; fitness for duty examination; right to obtain results; definitions

A.  If an employer requires a law enforcement officer or probation officer to submit to a fitness for duty examination because of a physical condition and the law enforcement officer or probation officer is determined not able to perform the essential functions of the job because of the physical condition, the employer shall provide the law enforcement officer or probation officer with the results of the examination, including any preexamination materials:

1.  Immediately, if the law enforcement officer or probation officer presents the results of an independent examination.

2.  Within five days after the employer receives the results of the examination, if the law enforcement officer or probation officer waives any right to request an independent examination.  The employer may provide any additional information related to the fitness for duty examination to the law enforcement officer or probation officer.

B.  If a law enforcement officer or probation officer is determined not able to perform the essential functions of the job because of a psychological condition as a result of a required fitness for duty examination and the law enforcement officer or probation officer seeks an independent examination, the employer shall provide all preexamination materials only to the physician or psychologist conducting the independent examination or to any other person as provided by law.  The employer may provide the preexamination materials and the results of the examination to the law enforcement officer or probation officer.

C.  This section does not prohibit the preexamination materials from being used in any proceeding held pursuant to section 38-1101.

D.  Providing the preexamination materials to the person conducting the independent examination of the law enforcement officer or probation officer does not change the disclosure requirements of section 38-1101.

E.  For the purposes of this section:

1.  "Fitness for duty examination" means an employer requested assessment to determine if a current law enforcement officer or probation officer is or is not able to perform the essential functions of the job because of a physical or psychological condition.

2.  "Independent examination" means a law enforcement officer or probation officer requested assessment that is both:

(a)  Conducted by a physician who is licensed pursuant to title 32, chapter 13 or 17 or a psychologist who is licensed pursuant to title 32, chapter 19.1.

(b)  Used to provide a second, independent opinion of a current law enforcement officer or probation officer who has been determined not able to perform the essential functions of the job as a result of a required fitness for duty examination.

3.  "Law enforcement officer" means:

(a)  An individual who is certified by the Arizona peace officer standards and training board, other than a person employed by a multi-county water conservation district.

(b)  A detention officer or correction officer who is employed by this state or a political subdivision of this state.

4.  "Preexamination materials" means all information and materials that are given by the employer to the physician or psychologist who conducts the required fitness for duty examination and that serve as the basis for the examination.

5.  "Probation officer" means a probation officer or surveillance officer who is employed by this state or a political subdivision of this state. END_STATUTE

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