W. Va. Code R. § 81-10-10
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-10-10 - Psychological Assessment Program10.1. This program provides a process for mandatory psychological review of employees in situations where an employee's job performance or actions may be detrimental to the State Police's mission and cause the employee's psychological fitness for duty to be in question. Through this process, the employee's level of psychological fitness for duty is determined. When appropriate, assistance shall be made available to facilitate the employee's return to psychological fitness in instances where the employee is determined to be unfit for duty with a reasonable prognosis that rehabilitation to full duty psychological fitness can be achieved.10.2. The following are examples, although not all inclusive, of circumstances in which an employee's psychological fitness for duty may be in question: 10.2.1. The employee fails to exercise sound or reasonable judgement;10.2.2. The employee fails to recognize parameters of authority;10.2.3. The employee fails to function effectively within the rules, guidelines, and policies of the State Police.10.2.4. The employee is suspected of substance abuse (alcohol or drugs);10.2.5. The employee has continued citizen complaints regarding conduct on or off duty;10.2.6. The employee exhibits supervisory problems, and fails to respond to corrective measures;10.2.7. The employee exhibits excessive use of sick leave, disability leave or workers compensation claims;10.2.8. The employee's return from sick leave and/or leave of absence precipitated by psychiatric, psychological, and/or stress related illness and/or substance abuse; or10.2.9. The employee is involved in a critical incident and his or her psychological fitness for duty is in question.10.3. Procedures.10.3.1. Any employee shall consult his or her Troop or Section Commander, if in the opinion of the employee, another employee's actions indicate a question of psychological fitness for duty. The Troop or Section Commander shall evaluate the circumstances surrounding the alleged incident, collect any supporting documentation and make a written recommendation to the Superintendent concerning the employee's duty status and/or need for a fitness for duty evaluation.10.3.2. The Superintendent may place an employee involved in a critical incident or whose psychological fitness for duty is in question on administrative leave, with or without pay, pursuant to State Police operating policy and procedure. During any administrative leave attendant to a psychological fitness for duty evaluation, the employee shall surrender his or her State Police identification, and if a member, all badges, State Police issued weapons, or other State Police property in his or her possession or control. Further, members on administrative leave pending a psychological fitness for duty evaluation shall be relieved of any police authority during the period of administrative leave. The employee shall remain on administrative leave as determined by the Superintendent pending a determination of the employee's psychological fitness for duty or completion of any investigation related to any critical or other incident. If the employee's psychological fitness is at issue, the employee shall return to duty only after he or she is psychologically fit. The Superintendent may consult a doctoral level clinical psychologist, psychiatrist, or licensed counselor in determining an employee's fitness for duty.10.3.3. If a psychological fitness for duty is considered appropriate by the Superintendent, the employee shall be notified as required for internal or administrative investigations. The notification shall include a statement of the general circumstances that prompted the action, and the appointment time, date, and location of the meeting with a psychotherapist designated by the State Police. The State Police is responsible for costs of the initial fitness for duty interview/testing and any required follow-up except in the case of a non-job-related injury where the employee shall be financially responsible for additional treatment not required by the State Police. If an employee is referred for psychological fitness for duty assessment for an action which may result in disciplinary action against the employee, the disciplinary action shall be delayed pending assessment and recommendation by the psychotherapist designated by the State Police.10.4. Employee Responsibility. 10.4.1. During evaluation and any treatment considered necessary, the employee shall truthfully answer all questions directed to him or her and provide complete information and documents considered necessary. The employee shall submit to all examinations and sign waivers concerning access to records and reports that may be prepared or generated by the State Police psychotherapist. In addition, State Police employees with knowledge of the affected employee's behavior may be interviewed.10.5. Psychotherapist Responsibility.10.5.1. The psychotherapist designated by the State Police shall, based upon his or her professional assessment of the employee's psychological fitness, render a written report to the Superintendent which shall include the following recommendations:10.5.1.a. That the employee be returned to full duty unconditionally or with treatment recommended;10.5.1.b. That the employee be returned to full duty conditional upon treatment;10.5.1.c. That the employee be returned to limited duty conditional upon treatment; or10.5.1.d. That the employee be declared unfit for duty and referred for treatment.10.5.2. If, during the employee's initial assessment by the State Police's psychotherapist, it is determined that the employee should be referred for treatment, the Superintendent shall issue a special order directing the employee to attend and successfully complete a therapeutic or counseling program approved by the State Police. Any employee who fails to attend and successfully complete the program shall be subject to subsequent disciplinary action.10.5.3. The State Police psychotherapist shall assist the employee in arranging for outside treatment. Employees shall be referred only to licensed psychiatrists, doctoral level clinical psychologists, or licensed counselors. In situations where outside referral is necessary, there shall be extensive communications between the State Police psychotherapist and the employee's treating psychotherapist in relation to the employee's progress in treatment and continued psychological fitness for duty. These communications shall include, but are not limited to, pertinent information such as whether or not:10.5.3.a. The employee is attending scheduled appointments;10.5.3.b. The employee is making reasonable progress in his or her treatment; or10.5.3.c. Anything has occurred which could cause the psychotherapist to reassess the employee's duty status.10.5.4. Evaluation results, opinions, recommendations, and confidential notes provided to the State Police psychotherapist by an outside consultant shall be interpreted and monitored, but not ordinarily communicated to the Superintendent. The Superintendent, with the advice of the State Police psychotherapist, may initiate appropriate personnel action predicated on the recommendations.10.5.5. Communications between the Superintendent and the State Police psychotherapist or outside consultants, regarding test results, written opinions, recommendations, notes, reports, and actions taken are confidential, provided that the employee who is subject to a fitness for duty evaluation, upon written request to the Superintendent within 30 days of an evaluation, may review the written recommendation submitted to the Superintendent from the psychotherapist. The Section shall secure these documents in the Section's office in locked cabinets, secure magnetic media, or other secure electronic format, and any written recommendation shall be released only by order of a circuit court.W. Va. Code R. § 81-10-10