[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR339.104]

[Page 234-236]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 339_MEDICAL QUALIFICATION DETERMINATIONS--Table of Contents
 
                            Subpart A_General
 
Sec. 339.104  Definitions.

    For purposes of this part--

[[Page 235]]

    Accommodation means reasonable accommodation as described in 29 CFR 
1613.704.
    Arduous of hazardous positions means positions that are dangerous or 
physically demanding to such a degree that an incumbent's medical 
condition is necessarily an important consideration in determining 
ability to perform safely and efficiently.
    Medical condition means health impairment which results from injury 
or disease, including psychiatric disease.
    Medical documentation or documentation of a medical condition means 
a statement from a licensed physician or other appropriate practitioner 
which provides information the agency considers necessary to enable it 
to make an employment decision. To be acceptable, the diagnosis or 
clinical impression must be justified according to established 
diagnostic criteria and the conclusions and recommendations must not be 
inconsistent with generally accepted professional standards. The 
determination that the diagnosis meets these criteria is made by or in 
coordination with a physician or, if appropriate, a practitioner of the 
same discipline as the one who issued the statement. An acceptable 
diagnosis must include the following information, or parts identified by 
the agency as necessary and relevant:
    (a) The history of the medical conditions, including references to 
findings from previous examinations, treatment, and responses to 
treatment;
    (b) Clinical findings from the most recent medical evaluation, 
including any of the following which have been obtained: Findings of 
physical examination; results of laboratory tests; X-rays; EKG's and 
other special evaluations or diagnostic procedures; and, in the case of 
psychiatric evaluation of psychological assessment, the findings of a 
mental status examination and the results of psychological tests, if 
appropriate;
    (c) Diagnosis, including the current clinical status;
    (d) Prognosis, including plans for future treatment and an estimate 
of the expected date of full or partial recovery;
    (e) An explanation of the impact of the medical condition on overall 
health and activities, including the basis for any conclusion that 
restrictions or accommodations are or are not warranted, and where they 
are warranted, an explanation of their therapeutic of risk avoiding 
value;
    (f) An explanation of the medical basis for any conclusion which 
indicates the likelihood that the individual is or is not expected to 
suffer sudden or subtle incapacitation by carrying out, with or without 
accommodation, the tasks or duties of a specific position;
    (g) Narrative explanation of the medical basis for any conclusion 
that the medical condition has or has not become static or well 
stabilized and the likelihood that the individual may experience sudden 
or subtle incapacitation as a result of the medical condition. In this 
context, ``static or well-stabilized medical condition'' means a medical 
condition which is not likely to change as a consequence of the natural 
progression of the condition, specifically as a result of the normal 
aging process, or in response to the work environment or the work 
itself. ``Subtle incapacitation'' means gradual, initially imperceptible 
impairment of physical or mental function whether reversible or not 
which is likely to result in performance or conduct deficiencies. 
``Sudden incapacitation'' means abrupt onset of loss of control of 
physical or mental function.
    Medical evaluation program means a program of recurring medical 
examinations or tests established by written agency policy or directive, 
to safeguard the health of employees whose work may subject them or 
others to significant health or safety risks due to occupational or 
environmental exposure or demands.
    Medical standard is a written description of the medical 
requirements for a particular occupation based on a determination that a 
certian level of fitness of health status is required for successful 
performance.
    Physical requirement is a written description of job-related 
physical abilities which are normally considered essential for 
successful performance in a specific position.
    Physician means a licensed Doctor of Medicine or Doctor of 
Osteopathy, or a physician who is serving on active duty

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in the uniformed services and is designated by the uniformed service to 
conduct examinations under this part.
    Practitioner means a person providing health services who is not a 
medical doctor, but who is certified by a national organization and 
licensed by a State to provide the service in question.