Section 227.6 - Fit for Duty Review(a) When the commission receives a report or other reliable information that a school marshal may no longer be psychologically fit to carry out the duties of a school marshal, the commission may:(1) issue an emergency suspension order; or(2) require a fit for duty review upon identifying factors that indicate the licensee may no longer be able to perform the duties of a school marshal safely and effectively.(b) The commission shall provide written notice of the psychological examination to the license holder not later than the tenth business day before the deadline to submit to the examination. Written notice shall include the reasons for the examination.(c) The examination shall be conducted by a psychiatrist or psychologist chosen by the licensee.(d) To facilitate the examination of any licensee, the commission will provide all appropriate documents and available information.(e) The examining practitioner will provide the commission with a report indicating whether the school marshal is fit for duty. If the school marshal is unfit for duty, the practitioner will include the reasons or an explanation why the individual is unfit for duty.(f) A second examination may be ordered by the commission if the commission questions the practitioner's report. The examination will be conducted by a psychiatrist or psychologist appointed by the commission. If the report of the appointed practitioner disagrees with the report of the initial practitioner, the final determination as to the school marshal's fitness shall be decided by the Executive Director.(g) A school marshal who fails a psychological examination shall have their license suspended until the Executive Director orders it reinstated.(h) Any school marshal ordered to undergo a fit for duty review shall comply with the terms of the order and cooperate fully with the examining practitioner.(i) The effective date of this section is September 1, 2024.37 Tex. Admin. Code § 227.6
Adopted by Texas Register, Volume 49, Number 22, May 31, 2024, TexReg 3930, eff. 9/1/2024