Sec. 19. (a) The baseline statewide physical examination required by section 7(a) of this chapter shall be prescribed by the system board and shall be administered by the appointing authority, as determined by the local board, after the appointing authority extends a conditional offer for employment. The baseline statewide physical examination shall be administered by a licensed physician and must include all of the following:
(1) A general medical history.
(2) The tests identified in rules that shall be adopted by the system board.
(b) The system board shall adopt minimum standards by rule that a police officer or firefighter must meet for the baseline statewide physical examination described in subsection (a). The baseline statewide physical examination and related standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before January 1, 2015, and every five (5) years thereafter.
(c) The system board shall, in consultation with the commissioner of mental health, select the baseline statewide mental examination described in section 7(a) of this chapter. The standards for passing the baseline statewide mental examination shall be determined by the local board. The baseline statewide mental examination and related standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before January 1, 2015, and every five (5) years thereafter.
The purpose of the baseline statewide mental examination is to determine if the police officer or firefighter is mentally suitable to be a member of the department. The local board may designate a community mental health center or a managed care provider (as defined in IC 12-7-2-127(b)), a hospital, a licensed physician, or a licensed psychologist to administer the examination. However, the results of a baseline statewide mental examination shall be interpreted by a licensed physician or a licensed psychologist.
(d) The employer shall pay for no less than one-half (1/2) the cost of the examinations.
(e) Each local board shall name the physicians who will conduct the examinations under this section.
(f) If a local board determines that a candidate passes the local physical and mental standards, if any, established under IC 36-8-3.2-6, the baseline statewide physical examination described in subsection (a), and the baseline statewide mental examination described in subsection (c), the local board shall send the following to the Indiana public retirement system:
(1) Copies and certification of the results of the baseline statewide physical examination described in subsection (a).
(2) Certification of the results of the physical agility examination required under IC 36-8-3.2-3 or IC 36-8-3.2-3.5.
(3) Certification of the results of the baseline statewide mental examination described in subsection (c).
(g) The system board or the system board's designee shall then determine whether the candidate passes the baseline statewide physical standards adopted under subsection (b). If the candidate passes the baseline statewide standards, the system board or the system board's designee shall also determine whether the candidate has a Class 3 excludable condition under section 13.6 of this chapter. The system board or the system board's designee shall retain the results of the examinations and all documents related to the examination until the police officer or firefighter retires or separates from the department.
(h) To the extent required by the federal Americans with Disabilities Act, the system board shall do the following:
(1) Treat the medical transcripts, reports, records, and other material compiled under this section as confidential medical records.
(2) Keep the transcripts, reports, records, and material described in subdivision (1) in separate medical files for each member.
(i) A local board may, at the request of an appointing authority or on the local board's own motion, issue subpoenas, discovery orders, and protective orders in accordance with the Indiana Rules of Trial Procedure to facilitate the receipt of accurate and original documents necessary for the proper administration of this chapter. A subpoena or order issued under this subsection:
(1) must be served in accordance with the Indiana Rules of Trial Procedure; and
(2) may be enforced in the circuit or superior court with jurisdiction for the county in which the subpoena or order is served.
As added by P.L.365-1983, SEC.2. Amended by P.L.202-1984, SEC.2; P.L.342-1985, SEC.8; P.L.4-1992, SEC.52; P.L.40-1994, SEC.82; P.L.99-2010, SEC.14; P.L.23-2011, SEC.30; P.L.6-2012, SEC.253.
Structure Indiana Code
Chapter 8. 1977 Police Officers' and Firefighters' Pension and Disability Fund
36-8-8-0.1. Application of Certain Amendments to Chapter
36-8-8-1. Application of Chapter
36-8-8-1.5. "Electronic Funds Transfer"
36-8-8-2.5. Qualification of 1977 Fund Under Internal Revenue Code
36-8-8-2.6. Administration of Fund
36-8-8-3. Participation by Units; Longevity Increases
36-8-8-4. Fund Established; Managed by System Board
36-8-8-5. System Board; Powers and Duties; Appeals; Personnel; Confidentiality of Fund Records
36-8-8-6. Employer Contributions; Reports and Records
36-8-8-6.5. Submission of Salary
36-8-8-7. Membership in Fund; Reemployment With Participating Employer
36-8-8-7.2. Fire Chief or Police Chief Transfer of Service Credit to Perf
36-8-8-8. Employee Contributions; Lump Sum Withdrawal on Termination of Employment
36-8-8-8.3. Purchase of Military Service Credit
36-8-8-8.5. Purchase of Service Credit in Certain Indiana Public Retirement Funds
36-8-8-8.6. Purchase of In-State Service Credit
36-8-8-8.8. Purchase of Out-of-State Service Credit
36-8-8-9. Conversion From Prior Fund
36-8-8-9.5. Fund Member Maximum Retirement Age
36-8-8-11. Computation of Retirement Benefits; Actuarially Reduced Benefits
36-8-8-11.5. Reemployment After Retirement
36-8-8-12.3. Covered Impairments; Hearings; Inclusions; Class 3 Excludable Condition; Determination
36-8-8-12.4. Election of Coverage by Ic 36-8-8-12.5 and Ic 36-8-8-13.5
36-8-8-12.5. Determination of Class of Impairment
36-8-8-13.3. Disability Benefits; Benefit for Catastrophic Physical Personal Injury
36-8-8-13.6. "Class 3 Excludable Condition"; Rules; Recording and Retaining Listing of Condition
36-8-8-13.7. Review of Member's Impairment; Hearing; Costs of Medical Examination
36-8-8-13.8. Members Dying Other Than in Line of Duty After August 31, 1982
36-8-8-13.9. Members Dying in Line of Duty Before September 1, 1982
36-8-8-14.1. Members Dying in Line of Duty After August 31, 1982
36-8-8-14.2. Public Safety Officers Survivors' Health Coverage Cumulative Fund
36-8-8-15. Cost of Living Adjustment
36-8-8-16. Lump Sum Death Benefit
36-8-8-17.2. Voluntary Benefit Deductions
36-8-8-18.1. Members Electing to Transfer or Being Transferred to 1997 Fund From Perf
36-8-8-19. Baseline Statewide Physical and Mental Examinations
36-8-8-20. Special Lump Sum Death Benefit in Addition to Other Benefits
36-8-8-22. Selection of Administrative Law Judge