2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 2 - Eligibility and Qualifications for Office
Article 3 - Physical Examination of State Employees
§ 45-2-41. Committee of Doctors to Develop Fitness Standards; Licensed Physician to Make Physical Examination; Contracts for Assessments of Employees; Fee for Committee Members and Consultants; Certification

1. The commissioner of administrative services, subject to the approval of the State Personnel Board, shall appoint up to five doctors of medicine licensed by the state and other specialists, as appropriate, to develop standards of medical and physical fitness required for persons about to be appointed to positions in the state service. Such standards shall be related to the duties required of specific positions in the state service. The commissioner of administrative services shall develop the forms to secure the information needed to determine if prospective employees meet the medical and physical fitness standards required to perform the essential functions of the relevant position.
2. If a physical examination is required by the standards of medical and physical fitness, a licensed medical practitioner may perform the assessment and report the findings to a physician in the employ of or under contract with the state or respective employing department. The licensed medical practitioner may be of the applicant's choice and at the applicant's expense or may be a licensed physician in the employ of or under contract with the state or respective employing department. When the licensed physician is in the employ of or under contract with the state or respective employing department, the assessment and findings shall be made to the respective department and shall be final, except as provided in the State Personnel Board rules.
3. The commissioner of administrative services may, through a competitive proposal process, enter into an agreement on behalf of the departments to contract with medical practitioners for the purpose of conducting assessments for medical and physical fitness as required by the standards of medical and physical fitness. In such case, each department may use the selected contractor as an expense of a departmental employee selection process or may recommend that prospective employees seek the examination at the contractor's site at the prospective employee's expense. If the prospective employee chooses to use a medical practitioner other than one selected by the department or under contract with the state on behalf of the department, the findings and recommendations of such other practitioner shall be furnished to the medical practitioner selected by the department or under contract with the state on behalf of the department for final determination of the medical and physical fitness of the prospective employee. Expenses for the medical practitioner under contract with the state on behalf of the department shall be paid by the respective employing department based upon the services provided by such medical practitioner.
4. The State Personnel Board is authorized to establish a fee and make payment of same to the consultants appointed by the commissioner of administrative services for services rendered in the development of standards of medical and physical fitness for state employees; provided, however, that no state employee shall receive additional compensation for services as a consultant for developing the standards of medical and physical fitness.
5. The certification required by Code Section 45-2-40 shall be completed as required in the rules of the State Personnel Board; provided, however, that if a physical examination is required by the standards for medical and physical fitness, the physical examination shall be completed prior to the date of appointment, and the reporting of results shall occur within a prescribed number of calendar days from the date of appointment.

(Ga. L. 1956, p. 808, § 2; Ga. L. 1960, p. 189, § 2; Ga. L. 1962, p. 541, §§ 1-3; Ga. L. 1975, p. 76, § 2; Ga. L. 1990, p. 8, § 45; Ga. L. 1996, p. 1094, § 2; Ga. L. 2012, p. 446, § 2-67/HB 642.)

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

OPINIONS OF THE ATTORNEY GENERAL

Legislative intent.

- Legislative intent in enactment of O.C.G.A. § 45-2-41 is to ensure that the prospective employee will be physically capable of carrying out the duties of appointment. In addition, O.C.G.A. § 45-2-41 protects the prospective employee from possible harmful effects associated with employment, which may arise by virtue of a particular preexisting physical malady. O.C.G.A. § 45-2-41 also affords protection to the state and its agencies from potential liability under workers' compensation laws for conditions arising after employment, but caused in whole or in part by preexisting physical conditions. 1981 Op. Att'y Gen. No. 81-23.

The General Assembly intended use of state-employed physicians to the greatest extent possible. 1981 Op. Att'y Gen. No. 81-23 (rendered prior to 1996 amendment).

Prospective employee need not employ and pay private physician for preemployment physical. 1981 Op. Att'y Gen. No. 81-23 (rendered prior to 1996 amendment).

- Department of Transportation is authorized, via appropriate contractual arrangements, to pay costs of preemployment physical examinations directly to local physicians appointed by Department of Human Resources. The Department of Transportation also may reimburse Department of Human Resources, via appropriate contractual arrangements, for costs of preemployment physical examinations paid by Department of Human Resources to local physicians appointed by it. 1981 Op. Att'y Gen. No. 81-23.

- This section does not state that the physician has to be licensed in the State of Georgia; therefore, as long as the examining physician is "licensed" the requirements of law are met. 1963-65 Op. Att'y Gen. p. 598.

A physical examination of an employee must be completed before disbursement of salary to an affected employee; however, the report on the physical examination may be filed with the appointing authority by the examining physician after the disbursement of salary within a prescribed number of calendar days as fixed by the State Personnel Board; this means that a new employee can be officially appointed and begin actual performance of duties prior to the completion of the physical examination, but that the physical examination is to be completed before the disbursement of any salary; a salary check may not be given to the employee prior to the completion of the physical examination, and the number of days fixed by the Merit System is only with reference to the report of the physical examination. 1963-65 Op. Att'y Gen. p. 499 (rendered prior to 1996 amendment).

- The Merit System cannot certify to the correctness of payroll of the Department of Human Resources in its customary post-audit if the payroll shows disbursements prior to the completion of the physical examination, as this would not be in compliance with O.C.G.A. § 45-2-41. 1963-65 Op. Att'y Gen. p. 499 (rendered prior to 1996 amendment).