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Texas police oversight agency expands reporting for failed medical and psychological exams

Texas Commission on Law Enforcement · October 28, 2024
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Summary

At its McAllen meeting, the Texas Commission on Law Enforcement approved rule language and described new operational steps to collect and act on failed medical and psychological exam reports for applicants and current licensees, including administrative holds and form updates.

The Texas Commission on Law Enforcement voted in McAllen to post and pursue rule language and operational procedures to improve how the agency receives and handles failed medical and psychological examination reports for peace officer applicants and current licensees.

Deputy Chief T.J. Vineyard told commissioners the change stems from model policies and legislative direction to make agencies and training providers report failed L2/L3 medical and psychological evaluations and fit-for-duty results. Vineyard said staff issued a technical assistance bulletin to guide academies, contract providers and doctors and updated the L2 and L3 reporting forms to make clear a candidate or applicant’s evaluation will be shared with TCOLE.

The commission heard that enforcement staff will temporarily receive failure reports by email to a dedicated address (fitforduty@tcole.texas.gov) while the agency develops a more integrated online system. When staff receive a failed report they typically place an administrative hold on the person’s profile and, if the person is currently appointed, notify the appointing agency so the chief administrator can determine whether a fit-for‑duty process is necessary.

Vineyard estimated the agency is processing roughly 25–30 failure reports per week and forecasted roughly 2,000 reports annually as more agencies comply with reporting. He said TCOLE has hired a temporary staff member to help manage the volume and that agencies and physicians have largely cooperated with the new reporting mechanism.

Commissioners pressed staff on several implementation questions: whether there is a statutory cap on the number of times an applicant can fail a psychological evaluation (there is none in statute or rule), how the agency will handle applicants who seek multiple evaluations from different doctors (‘doctor shopping’), and whether the system might discourage licensees from seeking mental-health help. Vineyard said the commission’s intent is rehabilitative where possible — agency chiefs retain discretion to support treatment and restoration — but that final failures and separations must be reported so the agency can prevent harm to subsequent employers.

Vineyard said TCOLE will store doctor reports and related application materials in a secure packet so later evaluators can review prior failures in context. He also told the commission staff will refine the personal-history statement and intake forms to help detect withheld evaluations and reduce opportunities to withhold prior failure reports.

The commission voted to post related rule amendments (including clarifying timelines for chief administrators and training coordinators to report failed exams) and directed staff to return with more data on any cases the agency might miss under the proposed framework.

The immediate next steps are continued outreach to academies and physicians, refinement of forms and the build-out of an electronic intake system that will eventually replace the temporary email process.