§ 261.3. Duties of law enforcement agency.
(a) In accordance with section 7203(a)(1) of the act (relating to mental health evaluations for law enforcement officers), a law enforcement agency shall provide a law enforcement officer employed by the law enforcement agency with a mental health evaluation for post-traumatic stress disorder when requested by a law enforcement officer.
(1) The law enforcement agency shall make a request for a mental health evaluation to a licensed mental health professional on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule the mental health evaluation with a licensed mental health professional to occur within 10 calendar days of the request by the law enforcement officer.
(3) The law enforcement agency shall be responsible for costs associated with a mental health evaluation.
(4) The law enforcement agency shall notify the Commission within 5 calendar days, whenever the evaluation, diagnosis or treatment of a law enforcement officer, who requests a mental health evaluation under subsection (a), results in the officer being unable to perform the essential job functions of a law enforcement officer. This notification:
(i) Shall be accomplished through TACS.
(ii) Shall indicate only the new duty status.
(iii) May not include any information concerning the evaluation, diagnosis or treatment of the law enforcement officer.
(b) In accordance with section 7203(a)(2) of the act, a law enforcement agency shall provide a law enforcement officer employed by the law enforcement agency with a mental health evaluation for post-traumatic stress disorder when a police chief or other supervising law enforcement officer recommends a mental health evaluation.
(1) The law enforcement agency shall make a request for a mental health evaluation to a licensed mental health professional on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule the mental health evaluation with a licensed mental health professional to occur within 10 calendar days of the recommendation of the police chief or supervising law enforcement officer.
(3) The law enforcement agency shall be responsible for the costs associated with the mental health evaluation.
(4) The law enforcement agency shall notify the Commission within 5 calendar days, whenever the evaluation, diagnosis or treatment of a law enforcement officer, who is recommended for a mental health evaluation under subsection (b), results in the law enforcement officer being unable to perform the full duties of a law enforcement officer. This notification:
(i) Shall be accomplished through TACS.
(ii) Shall indicate only the new duty status.
(iii) May not include any information concerning the evaluation, diagnosis or treatment of the law enforcement officer.
(c) In accordance with section 7203(a)(3) of the act, a law enforcement agency shall provide a law enforcement officer employed by the agency with a mental health evaluation for post-traumatic stress disorder after being directly involved in an incident where lethal force was used in the course of law enforcement duties.
(1) The law enforcement agency shall make a request for a mental health evaluation to a licensed mental health professional on a form promulgated by the Commission.
(2) The law enforcement agency shall schedule the mental health evaluation with a licensed mental health professional to occur within 30 calendar days of the incident involving the use of lethal force.
(3) The law enforcement agency shall be responsible for the costs associated with the mental health evaluation.
(4) The law enforcement agency shall notify the Commission within 5 calendar days, whenever the evaluation, diagnosis or treatment of a law enforcement officer, who is provided a mental health evaluation under subsection (c), results in the officer being unable to perform the full duties of a law enforcement officer. This notification:
(i) Shall be accomplished through TACS.
(ii) Shall indicate only the new duty status.
(iii) May not include any information concerning the evaluation, diagnosis or treatment of the law enforcement officer.
(d) Administrative duty. A law enforcement officer shall be assigned to administrative duty if the law enforcement officer either:
(1) Fails to undergo a scheduled mental health evaluation as required under subsections (a), (b) or (c).
(2) Is not yet able to resume full duties as determined by a licensed mental health professional.
(e) Notification. The law enforcement agency shall provide written notification to the Commission when a law enforcement officer, who is required to participate in a mental health evaluation under this section, fails to comply with the requirements of § 261.5 (relating to duties of law enforcement officer).
Cross References This section cited in 37 Pa. Code § 261.4 (relating to duties of licensed mental health professional); and 37 Pa. Code § 261.5 (relating to duties of law enforcement officer).
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