§ 12-215-116 — Mental and physical examination of licensees

(1) If the board
has reasonable cause to believe a licensee is unable to practice with reasonable
skill and safety, it may require the licensee to take a mental or physical examination
given by a physician or other qualified provider designated by the board. If the
licensee refuses to undergo the examination or to release all medical records
necessary to determine the licensee's ability to practice safely, unless the refusal
or failure is due to circumstances beyond the licensee's control, the board may
suspend the licensee's license until the results of the examination are known and
the board has made a determination of the licensee's fitness to practice. The board
shall proceed with an order for examination and make its determination in a timely
manner.

(2) An order for examination issued by the board pursuant to subsection (1)
of this section shall include the board's reasons for believing the licensee is unable
to practice with reasonable skill and safety.

(3) For purposes of any disciplinary proceeding authorized under this article
215, a licensee shall be deemed to have waived all objections to the admissibility of
an examining physician's testimony and examination reports on the basis of
privilege.

(4) A licensee may submit to the board testimony and examination reports
received from a physician chosen by the licensee, if the testimony and reports
pertain to a condition that the board has alleged may preclude the licensee from
practicing with reasonable skill and safety.

(5) The results of a mental or physical examination ordered by the board
shall not be used as evidence in any proceeding other than one held before the
board and shall not be a public record nor made available to the public.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1070, � 1, effective October 1.