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2016 CBA Tentati ve Agreement Page 101 of 217 submit names of phy sicians or medical specialists to be considered to conduct the evaluation under this Section. Reimbursement shall not be made unless the services are authorized by the Regional Flight Surgeon. e. The Regional Flight Surgeon shall consider all available medic al information before issuing a permanent disqualification. Section 8. All correspondence between the Flight Surgeon's Office and the employee is confidential. While facility management may be used as a conduit for the passage of written information, it s hall be transmitted back and forth in sealed envelopes to be opened by the employee or Flight Surgeon only, as appropriate. Section 9. In the event an employee is permanently medically disqualified, or has been temporarily incapacitated for a period of ni nety (90) days or longer, he/she shall have the opportunity to appeal such decision to the Federal Air Surgeon, FAA Headquarters, Washington, DC. Pending the outcome of the decision by the Federal Air Surgeon, the Agency shall make every reasonable effort to accommodate the employee in accordance with Article 45 of this Agreement. For the purposes of this provision, the employee shall continue to be considered a member of the bargaining unit. In the event of a negative determination and the employee is perm anently medically disqualified, the employee shall have the option to apply for a disability retirement or request to be reassigned to a position for which he/she is qualified, or be accommodated in accordance with the Rehabilitation Act of 1973, as amende d, and this Agreement. Section 10. Employees must assume the expense of any self - initiated examinations to support review actions. The Flight Surgeon normally will not determine that an employee meets or does not meet medical retention standards solely on the basis of the information provided by the employee's own physician. Section 11. Employees shall not perform air traffic control duties beyond the last day of the month in which their medical certificate expires unless the clearance is extended by spec ial consideration of the Regional Flight Surgeon. It is the employee's responsibility to report for medical exams scheduled by the Agency. If the employee's medical certificate expires due to the Agency's failure to schedule the employee's required medical examination in a timely manner, the employee shall be assigned other duties not requiring a medical certificate until such time as a medical certificate is issued. Section 12. Class II medical certificates are not required for the performance of air traf fic control duties. Class II or III medical certificates may be issued to bargaining unit employees who need a Class II or III certificate as an airman but not an ATCS. Section 13. The provisions of this Article shall be applied uniformly nationwide and t o those bargaining unit employees who are required to maintain medical certificates. S ection 14. Employees may not perform ATC duties during any period of known physical deficiency, concurred with by the Regional Flight Surgeon, which would make them unab le to meet their current medical certificate. If such conditions occur, the provisions of Article 25 are authorized. Section 15. At least once annually, the Agency shall provide medication guidelines including restricted medications to the Union at the na tional level. These guidelines are not a

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