Colorado § 12-205-113 Mental or physical examination of licensees

Colorado Statutes

§ 12-205-113 — Mental or physical examination of licensees

Colorado·Title 12 Professions·Art. Athletic Trainers

(1)If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the director may order the licensee to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Unless due to circumstances beyond the licensee's control, if the licensee refuses to undergo a mental or physical examination, the director may suspend the person's license until the results of the examination are known and the director has made a determination of the licensee's fitness to practice. The director shall proceed with an order for examination and shall make the determination in a timely manner.

(2)The director shall include in an order requiring a licensee to undergo a

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(1) If the director
has reasonable cause to believe that a licensee is unable to practice with
reasonable skill and safety, the director may order the licensee to take a mental or
physical examination administered by a physician or other licensed health-care
professional designated by the director. Unless due to circumstances beyond the
licensee's control, if the licensee refuses to undergo a mental or physical
examination, the director may suspend the person's license until the results of the
examination are known and the director has made a determination of the licensee's
fitness to practice. The director shall proceed with an order for examination and
shall make the determination in a timely manner.

(2) The director shall include in an order requiring a licensee to undergo a
mental or physical examination the basis of the director's reasonable cause to
believe that the licensee is unable to practice with reasonable skill and safety. For
purposes of a disciplinary proceeding authorized under this article 205, the licensee
is deemed to have waived all objections to the admissibility of the examining
physician's or licensed health-care professional's testimony or examination reports
on the ground that they are privileged communications.

(3) The licensee may submit to the director testimony or examination reports
from a physician chosen by the licensee and pertaining to any condition that the
director has alleged may preclude the licensee from practicing with reasonable
skill and safety. The testimony and reports submitted by the licensee may be
considered by the director in conjunction with, but not in lieu of, testimony and
examination reports of the physician designated by the director.

(4) The results of a mental or physical examination ordered by the director
shall not be used as evidence in any proceeding other than one before the director
and shall not be deemed a public record or made available to the public.

Colorado § 12-205-113 (Mental or physical examination of licensees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1045, � 1, effective October 1; (1), (2), and (3) amended, (HB 19-1083), ch. 61, p. 224, � 22, effective October 1.