Common use of Evaluation of Fitness for Duty Clause in Contracts

Evaluation of Fitness for Duty. If the Hospital has a good faith reason to 5 believe that a nurse is mentally or physical impaired to the extent such impairment 6 would reasonably impact the nurse’s ability to remain fit for duty to provide direct patient 7 care, the Hospital will first meet with such nurse to outline the reasons for its concern. A 8 union representative may be present if requested by the nurse. The meeting shall occur 9 within ten (10) calendar days from the date upon which the Hospital becomes aware of 10 such information. If the nurse is unavailable to meet with the Hospital during such ten 11 (10) calendar day period of time because of permissible time off, the Hospital shall meet 12 with the nurse as soon as reasonably practicable. If, as a result of such meeting, the 13 Hospital believes there is a good faith question regarding the nurse’s ability to provide 14 safe and effective direct patient care and/or that the nurse may be unfit for duty, the 15 Hospital may require such nurse to undergo a fitness for duty evaluation by a licensed 16 medical provider, selected from a list to be mutually agreed upon by the parties. If a 17 fitness for duty evaluation is required, the nurse shall be removed from the schedule 18 and be placed on paid administrative leave for a period of up to fourteen (14) 19 consecutive calendar days from the date the Hospital determines that a fitness for duty 20 evaluation is required. This fourteen (14) calendar day period may be extended if a 21 provider selected from the list described above is unavailable to conduct the required 22 fitness for duty evaluation within the initial fourteen (14) calendar day period. The nurse 23 shall fully cooperate with the requested fitness for duty evaluation including traveling to 24 the location where the fitness for duty evaluation will occur and doing so within the 25 fourteen (14) calendar day period described above. Failure to cooperate with this 26 process may result in the nurse being placed on unpaid administrative leave as 27 described in Section 4 of this Article. 29 The nurse shall be paid for all travel expenses and will be considered on paid time while 30 traveling to and from such evaluation and during the time spent in the evaluation 31 process itself. 33 a. If the fitness for duty evaluation in the opinion of the medical evaluator 34 confirms a present physical or mental condition that reasonably prevents the nurse from 1 providing safe and effective direct patient care or indicates the nurse is otherwise unfit 2 for duty, the Hospital shall have the right to place such nurse on unpaid suspension or 3 administrative leave until such time as the nurse is deemed by the same qualified 4 medical provider to be fit for duty without restrictions or limitations. If the results of the 5 fitness for duty evaluation reveal that the nurse does not have any present medical 6 and/or mental condition which impedes or restricts the nurse’s ability to provide safe 7 and efficient direct patient care, the nurse shall be paid for the time the nurse would 8 have otherwise worked during his/her regular schedule but for the events leading to the 9 Hospital’s request for a fitness for duty evaluation. Such payment shall include any and 10 all compensation provided to the nurse as described above. 12 b. Any nurse who fails to cooperate fully in a fitness for duty evaluation by 13 failing to attend such examination or by failing to provide any and all information and/or 14 documents and/or releases to obtain all required information deemed relevant by the 15 medical professional to complete the fitness for duty evaluation may be subject to 16 discipline up to and including termination for a failure unless prohibited from disclosure 17 by law. The Hospital policy HR_3005 - Investigation and Reporting of Drug Diversion 18 describes the standards and procedures to be used by the Hospital to determine when it 19 is appropriate for the Hospital to request a nurse submit for a fitness for duty evaluation.

Evaluation of Fitness for Duty. If the Hospital has a good faith reason to 5 2 believe that a nurse is mentally or physical impaired to the extent such impairment 6 3 would reasonably impact the nurse’s ability to remain fit for duty to provide direct patient 7 4 care, the Hospital will first meet with such nurse to outline the reasons for its concern. A 8 5 union representative may be present if requested by the nurse. The meeting shall occur 9 6 within ten (10) calendar days from the date upon which the Hospital becomes aware of 10 7 such information. If the nurse is unavailable to meet with the Hospital during such ten 11 8 (10) calendar day period of time because of permissible time off, the Hospital shall meet 12 9 with the nurse as soon as reasonably practicable. If, as a result of such meeting, the 13 10 Hospital believes there is a good faith question regarding the nurse’s ability to provide 14 11 safe and effective direct patient care and/or that the nurse may be unfit for duty, the 15 12 Hospital may require such nurse to undergo a fitness for duty evaluation by a licensed 16 13 medical provider, selected from a list to be mutually agreed upon by the parties. If a 17 14 fitness for duty evaluation is required, the nurse shall be removed from the schedule 18 15 and be placed on paid administrative leave for a period of up to fourteen (14) 19 16 consecutive calendar days from the date the Hospital determines that a fitness for duty 20 17 evaluation is required. This fourteen (14) calendar day period may be extended if a 21 18 provider selected from the list described above is unavailable to conduct the required 22 19 fitness for duty evaluation within the initial fourteen (14) calendar day period. The nurse 23 20 shall fully cooperate with the requested fitness for duty evaluation including traveling to 24 21 the location where the fitness for duty evaluation will occur and doing so within the 25 22 fourteen (14) calendar day period described above. Failure to cooperate with this 26 23 process may result in the nurse being placed on unpaid administrative leave as 27 24 described in Section 4 of this Article. 29 26 The nurse shall be paid for all travel expenses and will be considered on paid time while 30 27 traveling to and from such evaluation and during the time spent in the evaluation 31 28 process itself. 33 29 a. If the fitness for duty evaluation in the opinion of the medical evaluator 34 30 confirms a present physical or mental condition that reasonably prevents the nurse from 1 31 providing safe and effective direct patient care or indicates the nurse is otherwise unfit 2 32 for duty, the Hospital shall have the right to place such nurse on unpaid suspension or 3 33 administrative leave until such time as the nurse is deemed by the same qualified 4 34 medical provider to be fit for duty without restrictions or limitations. If the results of the 5 1 fitness for duty evaluation reveal that the nurse does not have any present medical 6 2 and/or mental condition which impedes or restricts the nurse’s ability to provide safe 7 3 and efficient direct patient care, the nurse shall be paid for the time the nurse would 8 4 have otherwise worked during his/her regular schedule but for the events leading to the 9 5 Hospital’s request for a fitness for duty evaluation. Such payment shall include any and 10 6 all compensation provided to the nurse as described above. 12 8 b. Any nurse who fails to cooperate fully in a fitness for duty evaluation by 13 9 failing to attend such examination or by failing to provide any and all information and/or 14 10 documents and/or releases to obtain all required information deemed relevant by the 15 11 medical professional to complete the fitness for duty evaluation may be subject to 16 12 discipline up to and including termination for a failure unless prohibited from disclosure 17 13 by law. The Hospital policy HR_3005 - Investigation and Reporting of Drug Diversion 18 14 describes the standards and procedures to be used by the Hospital to determine when it 19 15 is appropriate for the Hospital to request a nurse submit for a fitness for duty evaluation.

Evaluation of Fitness for Duty. If the Hospital has a good faith reason to 5 believe 25 that a nurse is mentally or physical impaired to the extent such impairment 6 would 26 reasonably impact the nurse’s ability to remain fit for duty to provide direct patient 7 care, 27 the Hospital will first meet with such nurse to outline the reasons for its concern. A 8 28 union representative may be present if requested by the nurse. The meeting shall occur 9 29 within ten (10) calendar days from the date upon which the Hospital becomes aware of 10 30 such information. If the nurse is unavailable to meet with the Hospital during such ten 11 31 (10) calendar day period of time because of permissible time off, the Hospital shall meet 12 32 with the nurse as soon as reasonably practicable. If, as a result of such meeting, the 13 33 Hospital believes there is a good faith question regarding the nurse’s ability to provide 14 34 safe and effective direct patient care and/or that the nurse may be unfit for duty, the 15 1 Hospital may require such nurse to undergo a fitness for duty evaluation by a licensed 16 2 medical provider, selected from a list to be mutually agreed upon by the parties. If a 17 3 fitness for duty evaluation is required, the nurse shall be removed from the schedule 18 4 and be placed on paid administrative leave for a period of up to fourteen (14) 19 5 consecutive calendar days from the date the Hospital determines that a fitness for duty 20 6 evaluation is required. This fourteen (14) calendar day period may be extended if a 21 7 provider selected from the list described above is unavailable to conduct the required 22 8 fitness for duty evaluation within the initial fourteen (14) calendar day period. The nurse 23 9 shall fully cooperate with the requested fitness for duty evaluation including traveling to 24 10 the location where the fitness for duty evaluation will occur and doing so within the 25 11 fourteen (14) calendar day period described above. Failure to cooperate with this 26 12 process may result in the nurse being placed on unpaid administrative leave as 27 13 described in Section 4 14.4 of this Article. 29 The nurse shall be paid for all travel expenses and will be considered on paid time while 30 traveling to and from such evaluation and during the time spent in the evaluation 31 process itself. 33 a. If the fitness for duty evaluation in the opinion of the medical evaluator 34 confirms a present physical or mental condition that reasonably prevents the nurse from 1 providing safe and effective direct patient care or indicates the nurse is otherwise unfit 2 for duty, the Hospital shall have the right to place such nurse on unpaid suspension or 3 administrative leave until such time as the nurse is deemed by the same qualified 4 medical provider to be fit for duty without restrictions or limitations. If the results of the 5 fitness for duty evaluation reveal that the nurse does not have any present medical 6 and/or mental condition which impedes or restricts the nurse’s ability to provide safe 7 and efficient direct patient care, the nurse shall be paid for the time the nurse would 8 have otherwise worked during his/her regular schedule but for the events leading to the 9 Hospital’s request for a fitness for duty evaluation. Such payment shall include any and 10 all compensation provided to the nurse as described above. 12 b. Any nurse who fails to cooperate fully in a fitness for duty evaluation by 13 failing to attend such examination or by failing to provide any and all information and/or 14 documents and/or releases to obtain all required information deemed relevant by the 15 medical professional to complete the fitness for duty evaluation may be subject to 16 discipline up to and including termination for a failure unless prohibited from disclosure 17 by law. The Hospital policy HR_3005 - Investigation and Reporting of Drug Diversion 18 describes the standards and procedures to be used by the Hospital to determine when it 19 is appropriate for the Hospital to request a nurse submit for a fitness for duty evaluation.

Evaluation of Fitness for Duty. ‌ 27 If the Hospital has a good faith reason to 5 believe that a nurse is mentally or 28 physical impaired to the extent such impairment 6 would reasonably impact the 29 nurse’s ability to remain fit for duty to provide direct patient 7 care, the Hospital 30 will first meet with such nurse to outline the reasons for its concern. A 8 union 31 representative may be present if requested by the nurse. The meeting shall 32 occur 9 within ten (10) calendar days from the date upon which the Hospital 33 becomes aware of 10 such information. If the nurse is unavailable to meet with 1 the Hospital during such ten 11 (10) calendar day period of time because of 2 permissible time off, the Hospital shall meet 12 with the nurse as soon as 3 reasonably practicable. If, as a result of such meeting, the 13 Hospital believes 4 there is a good faith question regarding the nurse’s ability to provide 14 safe and 5 effective direct patient care and/or that the nurse may be unfit for duty, the 15 6 Hospital may require such nurse to undergo a fitness for duty evaluation by a 7 licensed 16 medical provider, selected from a list to be mutually agreed upon by 8 the parties. If a 17 fitness for duty evaluation is required, the nurse shall be 9 removed from the schedule 18 and be placed on paid administrative leave for a 10 period of up to fourteen (14) 19 consecutive calendar days from the date the 11 Hospital determines that a fitness for duty 20 evaluation is required. This 12 fourteen (14) calendar day period may be extended if a 21 provider selected 13 from the list described above is unavailable to conduct the required 22 fitness 14 for duty evaluation within the initial fourteen (14) calendar day period. The 15 nurse 23 shall fully cooperate with the requested fitness for duty evaluation 16 including traveling to 24 the location where the fitness for duty evaluation will 17 occur and doing so within the 25 fourteen (14) calendar day period described 18 above. Failure to cooperate with this 26 process may result in the nurse being 19 placed on unpaid administrative leave as 27 described in Section 4 14.4 of this 20 Article. 29 The nurse shall be paid for all travel expenses and will be considered on paid time while 30 traveling to and from such evaluation and during the time spent in the evaluation 31 process itself. 33 a. If the fitness for duty evaluation in the opinion of the medical evaluator 34 confirms a present physical or mental condition that reasonably prevents the nurse from 1 providing safe and effective direct patient care or indicates the nurse is otherwise unfit 2 for duty, the Hospital shall have the right to place such nurse on unpaid suspension or 3 administrative leave until such time as the nurse is deemed by the same qualified 4 medical provider to be fit for duty without restrictions or limitations. If the results of the 5 fitness for duty evaluation reveal that the nurse does not have any present medical 6 and/or mental condition which impedes or restricts the nurse’s ability to provide safe 7 and efficient direct patient care, the nurse shall be paid for the time the nurse would 8 have otherwise worked during his/her regular schedule but for the events leading to the 9 Hospital’s request for a fitness for duty evaluation. Such payment shall include any and 10 all compensation provided to the nurse as described above. 12 b. Any nurse who fails to cooperate fully in a fitness for duty evaluation by 13 failing to attend such examination or by failing to provide any and all information and/or 14 documents and/or releases to obtain all required information deemed relevant by the 15 medical professional to complete the fitness for duty evaluation may be subject to 16 discipline up to and including termination for a failure unless prohibited from disclosure 17 by law. The Hospital policy HR_3005 - Investigation and Reporting of Drug Diversion 18 describes the standards and procedures to be used by the Hospital to determine when it 19 is appropriate for the Hospital to request a nurse submit for a fitness for duty evaluation.

Evaluation of Fitness for Duty. If the Hospital has a good faith reason and 2 reasonable basis to 5 believe that a nurse is mentally or physical impaired to 3 the extent such impairment 6 would reasonably impact the nurse’s ability to 4 remain fit for duty to provide direct patient 7 care, the Hospital will first meet 5 with such nurse to outline the reasons for its concern. A 8 union representative may be present if requested by The hospital shall 6 notify the nursenurse of the reason for the meeting and encourage that the nurse 7 request Association representation. The meeting shall occur 9 within ten (10) 8 calendar days from the date upon which the Hospital becomes aware of 10 such 9 information. If the nurse is unavailable to meet with the Hospital during such 10 ten 11 (10) calendar day period of time because of permissible time off, the 11 Hospital shall meet 12 with the nurse as soon as reasonably practicable. If, as a 12 result of such meeting, the 13 Hospital believes there is a good faith question 13 regarding the nurse’s ability to provide 14 safe and effective direct patient care 14 and/or that the nurse may be unfit for duty, the 15 Hospital may require such 15 nurse to undergo a fitness for duty evaluation by a licensed 16 medical provider, 16 selected from a list to be mutually agreed upon by the parties. If a 17 fitness for 17 duty evaluation is required, the nurse shall be removed from the schedule 18 and be placed on paid administrative leave for a period of up to fourteen (14) 19 consecutive calendar days from the date the Hospital determines that a 20 fitness for duty 20 evaluation is required. This fourteen (14) calendar day period 21 may be extended if a 21 provider selected from the list described above is 22 unavailable to conduct the required 22 fitness for duty evaluation within the 23 initial fourteen (14) calendar day period. The nurse 23 shall fully cooperate with 24 the requested fitness for duty evaluation including traveling to 24 the location 25 where the fitness for duty evaluation will occur and doing so within the 25 26 fourteen (14) calendar day period described above. Failure to cooperate with 27 this 26 process may result in the nurse being placed on unpaid administrative 28 leave as 27 described in Section 4 14.4 of this Article. 29 . 30 13.7.1 The nurse shall be paid for all travel expenses and will be considered 31 on paid time while 30 traveling to and from such evaluation and during 32 the time spent in the evaluation 31 process itself. 33 a. 1 13.7.2 If the fitness for duty evaluation in the opinion of the medical evaluator 34 2 confirms a present physical or mental condition that reasonably 3 prevents the nurse from 1 providing safe and effective direct patient 4 care or indicates the nurse is otherwise unfit 2 for duty, the Hospital 5 shall have the right to place such nurse on unpaid suspension or 3 6 administrative leave until such time as the nurse is deemed by the 7 same qualified 4 medical provider to be fit for duty without restrictions or limitations. If the results of the 5 fitness for duty evaluation reveal that the nurse does not have any present medical 6 and/or mental condition which impedes or restricts the nurse’s ability to provide safe 7 and efficient direct patient care, the nurse shall be paid for the time the nurse would 8 have otherwise worked during his/her regular schedule but for the events leading to the 9 Hospital’s request for a fitness for duty evaluation. Such payment shall include any and 10 all compensation provided to the nurse as described above. 12 b. Any nurse who fails to cooperate fully in a fitness for duty evaluation by 13 failing to attend such examination or by failing to provide any and all information and/or 14 documents and/or releases to obtain all required information deemed relevant by the 15 medical professional to complete the fitness for duty evaluation may be subject to 16 discipline up to and including termination for a failure unless prohibited from disclosure 17 by law. The Hospital policy HR_3005 - Investigation and Reporting of Drug Diversion 18 describes the standards and procedures to be used by the Hospital to determine when it 19 is appropriate for the Hospital to request a nurse submit for a fitness for duty evaluation.or