Title 45, Chapter 2, Section 41
( 45-2-41)
(a) The commissioner of personnel administration, subject to the
approval of the State Personnel Board, shall appoint up to five
doctors of medicine licensed by the state and other specialists, as
appropriate, to develop standards of medical and physical fitness
required for persons about to be appointed to positions in the state
service. Such standards shall be related to the duties required of
specific positions in the state service. The commissioner of
personnel administration shall develop the forms to secure the
information needed to determine if prospective employees meet the
medical and physical fitness standards required to perform the
essential functions of the relevant position. (b) If a physical examination is required by the standards of
medical and physical fitness, a licensed medical practitioner may
perform the assessment and report the findings to a physician in the
employ of or under contract with the state or respective employing
department. The licensed medical practitioner may be of the
applicant's choice and at the applicant's expense or may be a
licensed physician in the employ of or under contract with the state
or respective employing department. When the licensed physician is
in the employ of or under contract with the state or respective
employing department, the assessment and findings shall be made to
the respective department and shall be final, except as provided in
the State Personnel Board rules. (c) The commissioner of personnel administration may, through a
competitive proposal process, enter into an agreement on behalf of
the departments to contract with medical practitioners for the
purpose of conducting assessments for medical and physical fitness
as required by the standards of medical and physical fitness. In
such case, each department may use the selected contractor as an
expense of a departmental employee selection process or may
recommend that prospective employees seek the examination at the
contractor's site at the prospective employee's expense. If the
prospective employee chooses to use a medical practitioner other
than one selected by the department or under contract with the state
on behalf of the department, the findings and recommendations of
such other practitioner shall be furnished to the medical
practitioner selected by the department or under contract with the
state on behalf of the department for final determination of the
medical and physical fitness of the prospective employee. Expenses
for the medical practitioner under contract with the state on behalf
of the department shall be paid by the respective employing
department based upon the services provided by such medical
practitioner. (d) The State Personnel Board is authorized to establish a fee and
make payment of same to the consultants appointed by the
commissioner of personnel administration for services rendered in
the development of standards of medical and physical fitness for
state employees; provided, however, that no state employee shall
receive additional compensation for services as a consultant for
developing the standards of medical and physical fitness. (e) The certification required by Code Section 45-2-40 shall be completed as required in the rules of the State Personnel Board; provided, however, that if a physical examination is required by the standards for medical and physical fitness, the physical examination shall be completed prior to the date of appointment, and the reporting of results shall occur within a prescribed number of calendar days from the date of appointment. |