N.Y. Comp. Codes R. & Regs. tit. 9 § 6000.7
Current through Register Vol. 46, No. 43, October 23, 2024
Section 6000.7 - Required medical standards; potentially disqualifying conditionsThe MPTC establishes the following medical standards which shall be used in evaluating whether a candidate can, with or without reasonable accommodations, perform the essential functions of the position. The existence of any one of the following conditions is only to be considered potentially disqualifying. Each police agency must consider the medical standard to ensure that it is job-related and consistent with business necessity with respect to their entry-level police officer position. The examining physician or practitioner must determine, based upon his/her medical judgment, whether the existence of such condition renders the candidate unable to perform the essential functions of an entry-level police officer.
(a) Eyes and vision. Requires a case-by-case assessment of each candidate to determine if the candidate is able to perform the essential functions of the position. Unless otherwise specified, all testing under this subdivision must be administered by a qualified physician or practitioner.(1) Visual acuity. For visual acuity, the Snellen test is generally recognized as standard. All candidates should have vision better than or equal to 20/30 in each eye. If a candidate must use corrective lenses (glasses or contacts) in order to satisfy the 20/30 vision standard, then such candidate's uncorrected vision should be no worse than 20/100 in each eye.(2) Color perception. (i) For color perception, only the 24-plate edition of the Ishihara Test (1974 or subsequent equivalent edition) should be used. Generally, perception of color should be deemed acceptable if the candidate correctly reads at least 9 or more of the first 13 plates of the 24-plate edition of the Ishihara Test. As described in the test manual, this test should be given under lighting conditions approximating a daylight illuminated room (indirect daylight), and not primarily using tungsten or fluorescent lamps. The MacBeth Easel Lamp or the True Daylight Illuminator (TDI), which meets the standards specified by the International Commission on Illumination, or equivalent may be used.(ii) If the candidate's color perception is deemed unacceptable through the use of said test, and he/she believes the results to be incorrect, then such individual must be informed that he/she has recourse to additional testing and a facility identified where he/she may, at his or her own expense, take the Farnsworth-Munsell 100-Hue Test under the following conditions:(a) The division must be notified in writing, with a copy to the appropriate municipal civil service agency, of the candidate's intention to take the Farnsworth-Munsell 100-Hue Test.(b) The test must be taken at a hospital, medical center, or an academic ophthalmology center having the proper equipment as hereafter specified and the notice must set forth the name of the institution and the New York State (NYS) licensed optometrist or ophthalmologist who will administer the examination.(c) Written approval, or under extenuating circumstances, verbal approval, for the taking of said examination must be received from the division by the candidate before the test is administered and the test must be administered within 45 days of the mailing date of the approval. Such approval shall be granted in every instance provided that the division finds that the hospital, medical center or academic ophthalmology center at which the candidate proposes to be tested has the capability and equipment necessary to perform such test and that the optometrist or ophthalmologist who will administer or interpret the test is properly qualified. In the event that the division finds the facility at which the applicant proposes to be tested is not properly equipped or that the individual who is proposed to administer or interpret the test is unqualified, it shall direct the candidate to a person and/or facility, as conveniently located as practicable, by whom or where such test may be properly administered. Where such an alternate test site is directed, the 45-day period referred to above shall be adjusted or extended to accommodate the candidate's needs and convenience.(d) If the candidate takes and completes the Farnsworth-Munsell 100-Hue Test, the optometrist or ophthalmologist administering the test shall set forth in writing the results of said test, including the "total error score," the type, nature and degree of any apparent confusion axis, and, if available, the percentile rank of the total error score with reference to the normal population. The optometrist or ophthalmologist shall certify, whether or not the candidate meets the required color perception standards. If upon receipt by the division and by the appropriate municipal civil service agency, the test results demonstrate that the candidate meets said certification, the candidate shall be deemed to have met the color perception requirement.(iii) The test distance stipulated in the Ishihara instruction manual is 75 cm (approximately 30 inches) which makes this primarily a near vision task. Although no specific distance is stipulated for the Farnsworth-Munsell 100-Hue Test, it is assumed that it would be approximately the same or closer distance than that used for the Ishihara Test since the test boxes must be within easy reaching and viewing distance from the candidate.(iv) The qualified physician, practitioner, optometrist or ophthalmologist administering the vision test should test at least near visual acuity immediately prior to administration of the Ishihara and Farnsworth-Munsell 100- Hue tests, respectively, and the visual acuity thresholds noted and reported along with the color vision test scores. The "Rosenbaum Pocket Vision Screener" or equivalent with testing administered under recommended lighting conditions and at approximately 14 inches from the candidate should ensure accurate results.(v) If the candidate's near visual acuity is within normal limits (Jaeger 2 or Snellen Equivalent of 20/30), the color vision tests should be performed without correction (glasses). For example, even a mild tint in glasses could distort viewing conditions for the color vision tasks and invalidate the test results.(vi) If the candidate is further examined by the use of the Farnsworth Munsell 100-Hue Test, said test should be administered under CIE type C (6740) illumination by using a MacBeth Easel Lamp or the True Daylight Illuminator (TDI) or equivalent. The use of non- specific tungsten or fluorescent illumination is not acceptable for this test. If a candidate fails the initial test, he/she should, upon request, be immediately retested and the lower total error score used for the purposes of qualification. A total error score of not more than 124 is deemed acceptable. The use of any lens by a candidate in order to meet the color perception standards is not acceptable. Note: Prior to administration of the Farnsworth-Munsell 100-Hue Test, the optometrist or ophthalmologist may deem it advisable to administer as an adjunct the Farnsworth Panel D-15 Test. This may be done to familiarize the candidate with the procedural task common to both tests, and supplement interpretation of the required Test. The Farnsworth Panel D-15 Test must likewise be given with the illumination specified for the Farnsworth-Munsell 100-Hue Test
(3) Depth perception. Depth perception shall be sufficient to demonstrate normal stereo depth perception to the correctable standard of 80 ARC seconds(b) Ears and hearing. Requires a case-by-case assessment of each candidate to determine if the candidate is able to perform the essential functions of the position(1) Hearing acuity. Hearing levels should be tested from 500 Hertz (Hz) to 6,000 Hz. For purposes of qualification, single hearing levels should not exceed 25 decibels (DB) at either 500, 1,000, or 2,000 Hz nor exceed 30 DB at 3,000 Hz frequencies in each ear. For abnormal testing results between 4,000 and 6,000 Hz frequencies, further refined audiological evaluation is recommended. Unless otherwise specified, the hearing tests are to be administered by a qualified physician or practitioner in an environment and using equipment that meet the current standards (ANSI 1969 or Subsequent Specifications). Any other testing system or conditions are not valid and may not be used(2) Recourse testing. If the candidate's pure tone screening test is deemed unacceptable, such candidate may, at his/her own expense, have an audiological examination administered by a NYS licensed audiologist, including: (ii) speech discrimination in quiet; and (iii) speech discrimination in noise. Testing should be performed in a sound treated environment meeting the 1969 ANSI or any subsequent standard. The CID W-22 word lists should be presented at 50 DB HL via a calibrated speech audiometer through a single speaker stationed at 0 degrees azimuth with the candidate seated at approximately 1 meter (39 inches) from the speaker. Speech (hearing) discrimination testing in a background of broad-band noise should be conducted in the same sound field environment. Again, using a different version of one of the CID W-22 word lists presented at 50 DB HL, a competing noise should be simultaneously presented at 40 DB HL (S/N = +10) through the same speaker (0 degrees azimuth) as the test words or through a separate speaker located at 180 degrees azimuth. The minimal acceptable standard of speech (hearing) discrimination shall be a score no poorer than 90 percent in quiet and 70 percent in noise on two of the pre-recorded versions of the CID W-22 word lists. An open-test response format should be utilized with the candidate responding in writing. Hearing Aid Check -- Biological (HAC-B): Use of hearing aids to achieve such standards are permitted as long as they are self-contained and fit within (auricular) or behind or over (post-auricular) the ear. Hearing Aid Check -- Acoustical (HAC-A): Candidates with hearing aids shall, at their own expense, provide evidence from a licensed audiologist, using functional gain or real ear measurements, that such aid(s) meet the stipulated manufacturer's standards(3) Perforated Tympanic Membrane(4) Acute Otitis Media, Otitis Externa, and Mastoiditis(5) Inner/middle/outer ear disorders affecting equilibrium If the candidate has historically had episodes of vertigo, he/she may require further evaluation
(c) Nose, throat and mouth. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Loss of sense of smell(2) Aphonia, speech loss or speech defects(3) Abnormalities of the nose, throat or mouth which interfere with the candidate's breathing or the proper fitting of a gas mask(d) Peripheral vascular system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Hypertension. Resting blood pressure should be less than, or equal to, 140 mmHg systolic and 90 mmHg diastolic on three successive readings(2) Peripheral vascular abnormality, including severe and/or symptomatic varicose veins, venous insufficiency, and thrombophlebitis(e) Heart and cardiovascular system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Congenital Heart Disease(2) Valvular Heart Disease(3) Coronary Heart Disease(4) ECG Abnormalities, if associated with organic heart disease, which shall include but not be limited to: (iii) Right or Left Bundle Branch Blocks;(v) Mobitz Type II A-V Blocks;(vi) Sinoatrial Block or Sick Sinus Syndrome;(vii) Ventricular Extrasystole (Frequent - 20/minute with exercise, 10/minute without exercise);(viii) Ventricular Tachycardia;(ix) Atrial Fibrillation or Flutter; or(x) Symptomatic Supraventricular Tachycardia(6) Congestive Heart Failure(8) Pericarditis, Endocarditis, and Myocarditis(9) The candidate should have a functional and therapeutic cardiac classification of no greater than NYS Class 1A. (Note: according to the New York Heart Association, Inc., a functional classification of Class 1 refers to patients with cardiac disease, but without resulting limitations of physical activity. Ordinary physical activity does not cause undue fatigue, palpitation, dyspnea or anginal pain. A therapeutic classification of Class A refers to patients with cardiac disease whose physical activity need not be restricted in any way.) This determination shall be made clinically or by a cardiac stress test(f) Respiratory system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Pulmonary Tuberculosis, if associated with abnormal pulmonary function(3) Chronic Obstructive Pulmonary Disease(5) Bronchiectasis and Pneumothorax(7) Acute Mycotic Diseases, including, but not limited to, Coccidioidomycosis and Histoplasmosis(g) Gastrointestinal system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Colitis, including but not limited to Crohn's Disease, Ulcerative Colitis, Irritable Bowel Syndrome (symptomatic or needing medication), and Bacterial Colitis(3) Esophageal Disorders, including, but not limited to Esophageal Stricture, Lower Esophageal Ring and Esophageal Spasm(5) Gall Bladder Disorders(6) Active Peptic Ulcer Disease(7) Symptomatic Inguinal, Umbilical, Ventral, Femoral, or Incisional Hernias(8) Malignant Disease of the Liver, Gall Bladder, Pancreas, Esophagus, Stomach, Small or Large Bowel, Rectum or Anus(9) Gastrointestinal Bleeding(10) Active or Chronic Hepatitis(11) Cirrhosis of the Liver(h) Genitourinary system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Pregnancy. The qualification of the candidate is dependent upon the stage of the normal pregnancy(5) Acute Renal/Urinary Calculi(8) Hydrocele and Varicocele (Symptomatic)(9) Malignant Diseases of Bladder, Kidney, Ureter, Cervix, Ovaries, Breasts, Prostate, etc(10) Active Venereal Diseases(11) Urinary Tract Infection(12) Polycystic Kidney Disease(13) Pelvic Inflammatory Disorders(15) Inflammatory Disorders, including but not limited to Prostatitis, Orchitis, Epididymitis(i) Endocrine and metabolic systems. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Uncontrolled Thyroid Disease(3) Adrenal Dysfunction, including but not limited to, Addison's Disease and Cushing's Disease(4) Symptomatic Hypoglycemia(5) Untreated Thyroid Malignancy(j) Musculoskeletal system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Disorders that limit motor performance(2) Cervical Spine or Lumbosacral Fusion(3) Degenerative Cervical or Lumbar Disc Disease, if Symptomatic(7) Loss in motor ability from tendon or nerve injury/surgery, if an area that is related to the candidate's performance of the essential job functions(10) Symptomatic Herniated Disc(k) Hematopoietic and lymphatic systems. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Hematopoietic disorders, including malignancies, including, but not limited to, Sickle Cell Disease and Thalassemia(l) Nervous system. Requires a case-by-case assessment as to the control of the condition and the presence and severity of symptoms and complications to determine if the candidate is able to perform the essential functions of the position (1) Seizure Disorder (Petit/Grand Mal). The candidate is expected to have been seizure- free for at least 12 months prior to the date of this examination. In addition, certification may be required from the treating neurologist that there are no restrictions on the candidate related to the performance of the essential functions of the entry-level position(3) Movement Disorders, including, but not limited to Parkinson' s(6) Progressive Neurological Diseases, including, but not limited to, Multiple Sclerosis and Huntington's Chorea(7) Peripheral Nerve Disorder, including, but not limited to Polyneuritis, Mononeuritis and Neurofibromatosis(9) Cerebral Vascular Accident(10) Central Nervous System Infections.N.Y. Comp. Codes R. & Regs. Tit. 9 § 6000.7