Current through Register Vol. 54, No. 44, November 2, 2024
A person who desires to be certified by the Commissioner
under the act must satisfy the following requirements:
(1)
Age. The applicant must
be at least 18 years of age.
(2)
Documents and fees. The applicant must properly complete all
necessary application documents and tender appropriate fees.
(3)
Physical standard. The
applicant must be personally examined by a doctor of medicine licensed by the
Pennsylvania Board of Medical Education and Licensure or a doctor of osteopathy
licensed by the Pennsylvania Board of Osteopathic Examiners and found to be
physically fit to handle a lethal weapon. The examination shall include the
following elements:
(i)
Neurological
condition. The applicant must be free from a debilitating condition,
such as tremor, uncoordination, convulsion, fainting episodes, and the
like.
(ii)
Cardiovascular
condition. The applicant's physical condition must be such that he
could reasonably be expected to withstand significant cardiovascular
stress.
(iii)
Intoxicants. The applicant must be free from the addictive or
excessive use of either alcohol or drugs.
(iv)
Visual acuity. The
applicant must have a visual acuity of at least 20/70, uncorrected in the
stronger eye, correctable to at least 20/20; and 20/200, uncorrected in the
weaker eye, correctable to at least 20/40, and must be free of any significant
visual abnormality.
(v)
Audio acuity. The applicant must be able to distinguish a
normal whisper at a distance of 15 feet. The test shall be independently
conducted for each ear while the tested ear is facing away from the speaker and
the other ear is firmly covered with the palm of the hand.
(vi)
Other conditions. The
applicant must be free from any other significant physical defect or disorder
which would, in the physician's opinion, impair the applicant's ability to
handle a lethal weapon.
(vii)
Submission. The examining physician must forward the physical
examination form to the Department within 15 days, even if the applicant is
found to be unfit. The Commissioner may utilize the results of the physical
examination for up to 6 months from the date of the examination after which the
applicant must be reexamined.
(4)
Psychological standard.
The applicant shall be personally examined by a psychologist who is licensed by
the Pennsylvania Board of Psychologist Examiners and found to be
psychologically capable to exercise appropriate judgment or restraint to handle
a lethal weapon at the time of the examination. The examination shall include
the following elements:
(i)
Interview
and history. The psychologist must personally interview the applicant,
which interview shall include a summary of the applicant's personal,
educational, employment, and criminal history, if any.
(ii)
Required personality
test. The applicant must be administered any current standard form of
the Minnesota Multiphasic Personality Inventory (MMPI) which shall be
administered by the licensed psychologist or a paraprofessional employed by and
under the direct control and supervision of the licensed
psychologist.
(iii)
Other
testing methods. If the licensed psychologist is unable to certify the
applicant's psychological capability or risk to exercise appropriate judgment
and restraint in the handling of a lethal weapon at this time, after conducting
the test, the psychologist must personally employ whatever other psychological
measuring instruments and techniques are deemed necessary to form his
professional opinion. The use of these instruments and techniques requires a
full and complete written explanation to the Department.
(iv)
Submission. The
examining psychologist must forward the psychological examination form to the
Department within 15 days of the examination, even if the applicant is found to
be psychologically at risk. The Commissioner may utilize the results of the
psychological examination for up to 6 months from the date of the examination
after which the applicant must be reexamined. No person who has been found
psychologically at risk in the exercise of appropriate judgment and restraint
in the handling of a lethal weapon may reapply for certification until after 1
year from the date of being found psychologically at risk.
(5)
Criminal conviction
standard. A review must be made of the applicant's criminal history
record, if any, to determine qualification for certification. The criminal
history review shall be based upon the record of conviction, if any, generated
by the classification and subsequent examination of the applicant's
fingerprints or another valid method. A person whose criminal history record
evidences a conviction for a disqualifying criminal offense may be barred from
certification under the act.
(6)
Training. The applicant must successfully complete the
training program prescribed by the Commissioner.
This section cited in 37 Pa. Code §
21.21 (relating to conditions of
certification).
