Strike everything after the
enacting clause and insert:
"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 and 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."
Amend title to conform