[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR339.301]

[Page 233-234]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 339_MEDICAL QUALIFICATION DETERMINATIONS--Table of Contents
 
                     Subpart C_Medical Examinations
 
Sec. 339.301  Authority to require an examination.


    (a) A routine preappointment examination is appropriate only for a 
position which has specific medical standards, physical requirements, or 
is covered by a medical evaluation program established under these 
regulations.
    (b) Subject to Sec. 339.103 of this part, an agency may require an 
individual who has applied for or occupies a position which has medical 
standards or physical requirements or which is part of an established 
medical evaluation program, to report for a medical examination:
    (1) Prior to appointment or selection (including reemployment on the 
basis of full or partial recovery from a medical condition);
    (2) On a regularly recurring, periodic basis after appointment; or
    (3) Whenever there is a direct question about an employee's 
continued capacity to meet the physical or medical requirements of a 
position.
    (c) An agency may require an employee who has applied for or is 
receiving continuation of pay or compensation as a result of an on-the-
job injury or disease to report for an examination to determine medical 
limitations that may affect placement decisions.
    (d) An agency may require an employee who is released from his or 
her competitive level in a reduction in force to undergo a relevant 
medical evaluation if the position to which the employee has 
reassignment rights has medical standards or specific physical

[[Page 234]]

requirements which are different from those required in the employee's 
current position.
    (e)(1) An agency may order a psychiatric examination (including a 
psychological assessment) only when:
    (i) The result of a current general medical examination which the 
agency has the authority to order under this section indicates no 
physical explanation for behavior or actions which may affect the safe 
and efficient performance of the individual or others, or
    (ii) A phychiatric examination is specifically called for in a 
position having medical standards or subject to a medical evaluation 
program established under this part.
    (2) A psychiatric examination or psychological assessment authorized 
under (i) or (ii) above must be conducted in accordance with accepted 
professional standards, by a licensed practitioner or physician 
authorized to conduct such examinations, and may only be used to make 
legitimate inquiry into a person's mental fitness to successfully 
perform the duties of his or her position without undue hazard to the 
individual or others.