Police Officer on prescription medication

cwilson

would a prescription medication taken for depression be considered within the "reasonable accomodation" standards? Say, for example there is a police officer under the medical care of a physician who has prescibed him/her medication for depression...is city/county facing liability issues here?

hhaynal

Before you put the cart before the horse, start with the basics. Have you completed your ADA analysis and does the officer's depression constitute a disability under the Act worthy of providing accomodation?

hhaynal

I even jumped the basics and am assuming you are meeting the requirements of an employer under the ADA.

LarryC

You have the right to ask for a statement from the doctor that he is fit for duty and can carry out the essential job functions of his job while on the medication. If he can, there is really nothing you have to accommodate. If he can't, then you can look into a reasonable accommodation, but just from what you've told us, I don't see any possibility of accommodating someone who can't do his job because he's medicated.

marc

LarryC is correct - this all circles around fitness for duty issues. Be assured that no one wants someone carrying a gun and dealing with the public who is not responsible for their actions due to medication issues.

Is this the first time your municipality has dealth with this? Surely not. I would bet someone has thought through this and has a procedure already penned.

WT

Should there be a violent incident and a civilian is injured or shot, liability would attach. It would most likely center on whether the officer was impaired in performance of his duties and whether the employer knew or should have known about this impairment. You could be accused of negligent retention or negligent endangerment of public health and safety. You might want to look for a well respected medical expert to check the fitness for duty of the officer as personal physicians often check fitness for duty by asking the client if they want to work. Good luck.

Peyton Irby MS

I agree with the other postings. If his doctor says he is no danger to himself or others, then he can perform regular assignments. He would not be ADA disabled since his depression is under control via medication. Unfortunately, the doctor is porbably going to say he's OK IF he takes his medicine. If the doctor can't give you that assurance, then go through the process of seeing what he can do without endangering himself, fellow employees or the public. The liability [and adverse publicity]is not something I would want to face.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Rockie

I ran into this issue with a healthcare worker (nurse) who was under the influence of her depression medication. Unfortunately, she had a physician who stated that she was able to perform her duties as a nurse. Clearly, from our observation, she was a danger to patients.

We had a talk with her and she agreed that she did not feel comfortable making clinical decisions. I am sure we took a chance legally, but I believe we would have been more liable if her negligence had caused a bad outcome for a patient.