Common use of Medical Evaluation Clause in Contracts

Medical Evaluation. Within ten (10) calendar days after a determination has been rendered substantiating probable cause for medical evaluation or if a teacher voluntarily submits to a medical evaluation, a medical review team comprised of (1) a physician specializing in the contagious disease in question, (b) a physician from the appropriate public health district, and (c) the physician designated by the Superintendent as the employer’s physician shall be convened by the Superintendent to conduct a medical evaluation of the teacher’s condition. The medical review team shall provide for the examination of the teacher, all relevant and pertinent medical information from the teacher’s personal physician. The report rendered by the medical review team shall be restricted to an evaluation of the teacher’s medical condition and shall clearly provide: 1. Whether or not the teacher has been infected with a chronic communicable disease as alleged in the report to the Superintendent. If so, then the medical review team shall determine: a. Whether or not the teacher’s current medical condition imposes a substantial health risk to others in the school environment and the rationale for the finding. In making that determination, the medical review team shall consider: (1) The nature of the risk of the teacher’s medical condition (how the disease is transmitted); (2) The duration of the medical condition (how long is the carrier infectious); (3) The severity of the risk of the medical condition (what is the potential harm to third parties); (4) The probability the disease will be transmitted and will cause varying degrees of harm; and (5) Whether or not the teacher is otherwise qualified to remain in his current job. “Otherwise qualified” means that the teacher is able to meet all of the job requirements in spite of the teacher’s medical condition. All costs of the medical evaluation shall be borne by the employer.