Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

37 Pa. Code § 261.4. Duties of licensed mental health professional.

§ 261.4. Duties of licensed mental health professional.

 (a)  Whenever a request for a mental health evaluation of a law enforcement officer is received, a licensed mental health professional shall:

   (1)  Schedule the mental health evaluation to occur within 10 days of the request made under §  261.3(a) or (b) (relating to duties of law enforcement agency).

   (2)  Schedule the mental health evaluation to occur within 30 days of the incident which prompted the request under §  261.3(c).

   (3)  Conduct a mental health evaluation, including a fitness for duty evaluation, clinical interview and objective testing, to determine if the law enforcement officer is both:

     (i)   Experiencing symptoms of post-traumatic stress disorder.

     (ii)   Fit to perform the essential job functions of a police officer.

   (4)  Conduct follow-up fitness for duty evaluations to determine if the law enforcement officer is fit to perform the essential job functions of a police officer if:

     (i)   The initial mental health evaluation is insufficient to determine if the law enforcement officer is experiencing symptoms of post-traumatic stress disorder.

     (ii)   The initial mental health evaluation is insufficient to determine if the law enforcement officer is fit to perform the essential job functions of a police officer.

 (b)  Treatment. If a licensed mental health professional determines during a mental health evaluation that a law enforcement officer has symptoms of post-traumatic stress disorder, the law enforcement officer shall be provided with treatment by a licensed mental health care professional until the licensed mental health care professional determines that the law enforcement officer is able to resume full duties.

 (c)  Notification. Upon completion of the mental health evaluation, a licensed mental health professional shall notify the law enforcement agency of the results of the mental health evaluation on a form promulgated by the Commission.



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