New Mexico Administrative Code › Title 10 - PUBLIC SAFETY AND LAW ENFORCEMENT › Chapter 29 - LAW ENFORCEMENT ACADEMY › Part 9 - POLICE OFFICER › Section 10.29.9.17 - MEDICAL REVIEW PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Authority:
In accordance
				with the provisions of the Law Enforcement Training Act, Section
				29-7-6
				NMSA 1978, an applicant for certification or training must be examined by a
				licensed physician and be found to be free of any physical condition that might
				adversely affect his/her performance as a police officer or prohibit him/her
				from successfully completing a prescribed basic law enforcement training
				course.
B.
Introduction:
In establishing medical selection guidelines, the
				New Mexico law enforcement academy board recognizes the principle that nothing
				the academy does should interfere with the employers hiring process. However,
				the academy reserves the right to determine if the candidate may pose a direct
				threat to his/her safety or that of others in attending and participating in
				all aspects of the training program.
C.
Information to physician and agency:
				examination instructions:
Under the medical selection guidelines the
				role of the physician is to identify the existence of any potentially
				excludable conditions. The physician and employer shall review these findings
				and the employer will make a decision as to whether the conditional offer of
				employment should be withdrawn, or to initiate discussions with the candidate
				concerning reasonable accommodations. The employer then determines whether any
				particular proposed accommodation is acceptable and reasonable. Once the
				determination is made that the candidate with reasonable accommodation can
				perform the essential tasks of policing, and assuming that a position is
				available, the conditional offer of employment should be honored and the
				candidate scheduled for admission into the academy. (See LEA medical forms, 16
				pages.)
D.
The
				academy:
In those instances where a candidate comes to the academy, with
				or without accommodation, and the director determines that the physical/medical
				condition of the individual poses a direct threat to his/her safety or that of
				others, admission to the academy can be denied for good reason, providing no
				reasonable accommodation can be found. The rejected candidate may appeal to the
				medical review board to seek redress. In that instance, the director, who is a
				member of the medical review board, shall excuse him/herself from the
				appeal.
E.
Medical review
				board established:
There is established a subcommittee of the New Mexico
				law enforcement academy board known as the medical review board. The membership
				of the medical review board is appointed by the chairperson and shall include:
(1) chair: member of the New Mexico law
				enforcement academy board selected to serve as the chair of the medical review
				board;
(2) police chief;
(3) sheriff;
(4) advocate of the disabled
				community;
(5) two physicians (well
				experienced in medical employment examinations); and
(6) director of academy