N.J. Admin. Code § 6A:32-6.3 - Requirements of physical or psychiatric examinations
(a)
Pursuant to
N.J.S.A.
18A:16-2, district boards of education shall
require candidates for employment who have received a conditional offer of
employment to undergo a physical examination such as testing for usage of
controlled or dangerous substances or to determine whether the candidate is
able to perform with reasonable accommodation job-related functions pursuant to
P.L.
101-336 , Americans with Disabilities Act of
1990.
(b) Pursuant to
N.J.S.A.
18A:16-2, a district board of education may
require physical or psychiatric examinations of a school district employee
whenever, in the district board of education's judgment, an employee shows
evidence of deviation from normal physical or mental health. The purpose of the
physical or psychiatric examination shall be to determine the employee's
physical and mental fitness to perform, with reasonable accommodation, the
position the employee currently holds, or to detect any health risk (s) to
students and other employees. When a district board of education requires an
employee to undergo a physical or psychiatric examination:
1. The district board of education shall
provide the employee with a written statement of the reason(s) for the required
examination.
2. The district board
of education shall provide the employee with a hearing, if requested.
i. The determination of such a hearing shall
be appealable to the Commissioner pursuant to
N.J.S.A.
18A:6-9 and N.J.A.C. 6A:4, Appeals.
3. The employee may refuse,
without reprisal, to waive their right to protect the confidentiality of
medical information, in accordance with
P.L.
104-191 , Health Insurance Portability and
Accountability Act of 1996.
(c) An individual employee may provide
health-status information, including medications, that may be of value to
medical personnel in the event of an emergency requiring treatment. In such
instances, an employee may also choose to share with the building principal
and, if desired, with the certified school nurse, information regarding current
health status to assure ready access in a medical emergency.
(d) Health records of candidates for
employment and of current employees, including computerized records, shall be
secured, stored, and maintained separately from other personnel files. Health
records may be shared only with authorized individuals in accordance with
N.J.S.A.
18A:16-5.
(e) Pursuant to
N.J.S.A.
18A:16-3, the district board of education
shall bear the cost of examinations made by a physician or institution
designated by the district board of education. However, the employee shall bear
the cost if the examination is performed by a physician or institution
designated by the employee with approval of the district board of
education.
Notes
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