Md. Code Regs. 17.04.03.16

Current through Register Vol. 51, No. 25, December 13, 2024

Section 17.04.03.16 - Medical Examination and Employee Medical Evaluation

A. The Secretary shall designate a State Medical Director who shall exercise all authority vested in the Secretary with respect to medical examinations and investigations relating to employment with the State.

B. The State Medical Director:

(1) May delegate in part or in whole any of the authority granted by this regulation;

(2) Shall conduct medical examinations of applicants and current employees as provided in State Personnel and Pensions Article, 2-302(b)(1)(vi) and 2-303, Annotated Code of Maryland;

(3) Shall conduct any other medical examinations or studies concerning the medical fitness of employees or candidates; and

(4) May not provide second or third opinions when prohibited by the federal Family and Medical Leave Act (FMLA).

C. The determination of the Medical Director in examinations of applicants conducted under §B(2) of this regulation is final and is not subject to review by the Office of Administrative Hearings.

D. Before an applicant is denied employment, or an employee is involuntarily demoted or separated for medical reasons, an appointing authority shall prepare an appropriate task analysis sheet and request that an examining physician complete and return it. Before an applicant is denied employment or an employee separated for medical reasons, the appointing authority shall document in writing:

(1) That, under relevant provisions of federal and State law and regulations, reasonable accommodations for the employee's or applicant's disabling condition were considered;

(2) The specific accommodations that were considered, offered, or rejected; and

(3) The reasons that the accommodations were rejected.

E. If an employee is approved for disability retirement by the State Retirement Agency, unless the employee resigns or is removed earlier, the employee shall be considered resigned from State service as of the 120th day after the approval.

Md. Code Regs. 17.04.03.16

Regulations .16 adopted as an emergency provision effective February 12, 1997 (24:5 Md. R. 391); emergency status expired August 12, 1997; adopted permanently effective September 8, 1997 (24:18 Md. R. 1297)