# COMAR Title 11 — Department of Transportation

## Subtitle 02 — Transportation Service Human Resources System

### Chapter 06 — Medical Examinations and Evaluations

**Authority:** State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland

**Administrative History:** Effective date: January 18, 1993 (20:1 Md. R. 27)

**Administrative History:** Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 122)

**Administrative History:** Regulation .02A amended effective August 30, 1993 (20:17 Md. R. 1346); March 6, 2023 (50:4 Md. R. 122)

**Administrative History:** Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509)

**Administrative History:** Regulation .02C, D adopted effective July 16, 2009 (36:14 Md. R. 985)

#### Regulation .01 General.

*COMAR 11.02.06.01*

The Secretary shall designate a Department Medical Advisor who shall advise the appointing authority or the appointing authority's designee with respect to medical examinations and medical evaluations related to employment with the Department. Reports shall be provided by the Department Medical Advisor to the appointing authority or the appointing authority's designee.

#### Regulation .02 Department Medical Advisor.

*COMAR 11.02.06.02*

A. The Department Medical Advisor:

  (1) Is a licensed physician who is an employee of the Department or who is contracted by the Department to provide the required Department Medical Advisor services;

  (2) May consult with other health care professionals to carry out the responsibilities set forth in this chapter subject to the approval of the Secretary;

  (3) Shall conduct medical examinations as provided for under the Department Medical Advisor Policy, and the determination of the Department Medical Advisor in these examinations is the final medical determination;

  (4) Is the Department's medical expert on employability and all other related matters;

  (5) Shall conduct any other medical examinations or studies concerning the medical state of employees or individuals who have received an offer of employment or a conditional offer of employment as directed by the appointing authority or the appointing authority's designee; and

  (6) May advise the appointing authority or the appointing authority's designee that an individual has a medical condition which affects the individual's ability to perform the essential functions of the position.

B. An employee may be subject to a medical examination:

  (1) If the employee loses excessive time from employment due to illness or injury;

  (2) To determine if the employee has any physical or mental impairment which might prevent the employee from properly performing the duties of the position; or

  (3) To determine the medical necessity and duration of advanced sick leave, extended sick leave, work injury leave, and leave of absence—illness.

C. The determinations of the Department Medical Advisor in examinations of applicants and employees conducted under §A(3) and (5) of this regulation are final and are not subject to review by the Office of Administrative Hearings.

D. If an employee is approved for disability retirement by the State Retirement Agency, unless the employee resigns or is removed earlier, the employee shall be considered resigned from State service 120 calendar days after the approval.