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Physical and Psychological Examinations or Treatments

A state agency may pay for a physical or psychological examination of an employee of the agency if:

  • The payment does not constitute a grant of public money to private individuals for private purposes, and
  • The agency has specific or implied statutory authority to make the payment.

Each time a state agency wants to pay for a physical or psychological examination, the agency must research state statutes to determine if it has implied authority to do so. No state law authorizes state agencies to pay for the physical and psychological examinations of their employees.

A state agency may pay for any periodic physical examination of an employee required by Occupational Safety and Health Administration (OSHA) regulations, but only if the agency has a specific appropriation for that purpose.

Sources [+]

Texas Labor Code, Section 412.011(b)(4), 412.041(j)(2); 28 Texas Administrative Code, Section 251.402; 29 C.F.R. Section 1910.120(a)(1), (3), (f), (q)(9) (LEXIS through the Jan. 21, 2004, issue of the Federal Register); Texas Government Code, Section 659.061.Title 29 part 1910 and 1926.