Legal and ethical implications of fitness-for-duty evaluations



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Abstract

The fitness-for-duty evaluations are conducted for law enforcement personnel on duty. These psychological tests determine whether the law enforcement personnel are able to perform the duty. These evaluations need to conform to all the relevant laws which include the HIPAA, disability act and other employment related laws. Further, the psychologists performing the evaluation need to comply with ethical regulations and need to ensure the confidentiality of all information. Finally, these evaluations have been found to be effective as the psychologist is able to recommend the treatments.

Introduction

Fitness-for-duty evaluations are absolutely necessary for law enforcement agencies and other occupations that exhibit high risk. This evaluation is a comprehensive psychological evaluation of law enforcement personnel in duty to assess whether he is able to perform his duties as required. However, other law enforcement officials are also evaluated which include dispatcher, technician or jailer, animal control officer, and other officers in a safety sensitive position (Stone, 1995). Law enforcement officials are guardians of the society. Therefore, it is absolutely necessary that the law enforcement personnel be healthy and trustworthy (Decker, 2006). In addition, other high risk officials such as fire fighters and medical service providers including physicians and nurses are also evaluated. The process involves multiple psychological interviews that generate lots of data. This involves extensive psychological testing. Such an evaluation usually tends to determine competence assessment, other psychological problems posing considerable risk to self, family and others in the organization, and behavioral patterns that hinder the law enforcement personnel's ability to work (Mullaly Associates, 2007).

Legal and ethical implications of fitness-for-duty evaluations

Legal implications of fitness-for-duty evaluations

The fitness-for-duty evaluations must adhere to all the relevant legislation related to the psychological evaluations. First of all it must adhere to all the confidentiality law including the case law on ...