N.J. Admin. Code § 6A:32-6.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 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.

N.J. Admin. Code § 6A:32-6.3

Amended by 47 N.J.R. 464(a), effective 2/17/2015

Amended, 54 N.J.R. 1276(a), effective 7/5/2022