§ 12-210-113 — Mental and physical examination of licensees

Colorado § 12-210-113

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Audiologists

Text

(1) If the director
has reasonable cause to believe that a licensee is unable to practice with
reasonable skill and safety, the director may require the licensee to take a mental
or physical examination by a health-care provider designated by the director. If the
licensee refuses to undergo a mental or physical examination, unless due to
circumstances beyond the licensee's control, the director may suspend the
licensee'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 determination in a timely manner.

(2) The director shall include in an order issued to a licensee under
subsection (1) of this section the basis of the director's reasonable cause to believe
that the licensee is unable to practice with reasonable skill and safety. For the
purposes of a disciplinary proceeding authorized by this article 210, the licensee is
deemed to have waived all objections to the admissibility of the examining health-care provider'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 health-care provider chosen by the licensee pertaining to the condition that
the director alleges may preclude the licensee from practicing with reasonable skill
and safety. The director may consider testimony and reports submitted by the
licensee in conjunction with, but not in lieu of, testimony and examination reports of
the health-care provider designated by the director.

(4) A person shall not use the results of any mental or physical examination
ordered by the director as evidence in any proceeding other than one before the
director. The examination results are not public records and are not available to the
public.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1058, � 1, effective October 1.