Colorado § 12-220-206 Mental and physical examinations

Colorado Statutes

§ 12-220-206 — Mental and physical examinations

Colorado·Title 12 Professions·Art. Dentists, Dental Hygienists, and Dental Therapists

(1)(a) If the board has reasonable cause to believe that a person licensed to practice dentistry, dental therapy, or dental hygiene in this state is unable to practice dentistry, dental therapy, or dental hygiene with reasonable skill and safety to patients because of a physical or mental disability or because of excessive use of alcohol, a habit-forming drug or substance, or a controlled substance, as defined in section 18-18-102 (5), the board may require the licensed dentist, dental therapist, or dental hygienist to submit to a mental or physical examination by a qualified professional designated by the board.

(b)Upon the failure of the licensed dentist, dental therapist, or dental hygienist to submit to a mental or physical examination required by the board, unless the fai

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(1) (a) If the board has
reasonable cause to believe that a person licensed to practice dentistry, dental
therapy, or dental hygiene in this state is unable to practice dentistry, dental
therapy, or dental hygiene with reasonable skill and safety to patients because of a
physical or mental disability or because of excessive use of alcohol, a habit-forming
drug or substance, or a controlled substance, as defined in section 18-18-102 (5),
the board may require the licensed dentist, dental therapist, or dental hygienist to
submit to a mental or physical examination by a qualified professional designated
by the board.

(b) Upon the failure of the licensed dentist, dental therapist, or dental
hygienist to submit to a mental or physical examination required by the board,
unless the failure is due to circumstances beyond the dentist's, dental therapist's,
or dental hygienist's control, the board may suspend the dentist's, dental
therapist's, or dental hygienist's license to practice dentistry, dental therapy, or
dental hygiene in this state until the dentist, dental therapist, or dental hygienist
submits to the examination.

(2) Every person licensed to practice dentistry, dental therapy, or dental
hygiene in this state is deemed, by so practicing or by applying for a renewal of the
person's license to practice dentistry, dental therapy, or dental hygiene in this
state, to have:

(a) Given consent to submit to a mental or physical examination when
directed in writing by the board; and

(b) Waived all objections to the admissibility of the examining qualified
professional's testimony or examination reports on the ground of privileged
communication.

(3) The results of any mental or physical examination ordered by the board
cannot be used as evidence in any proceeding other than before the board.

(4) A licensee's voluntary submission to a mental or physical examination
and completion of any requirements given by the qualified professional designated
by the board satisfies any requirement to notify the board of a physical or mental
health condition that may impact the licensee's ability to practice with reasonable
skill and safety pursuant to section 12-30-108 (1), 12-220-201 (1)(j)(I), or 12-220-310
(3), unless the qualified professional notifies the licensee that the licensee must
notify the board of the condition.

(5) Notification requirements described in section 12-30-108 (1), 12-220-201
(1)(j)(I), or 12-220-310 (3) begin upon discharge of a licensee enrolled in inpatient
treatment for a serious mental health or physical condition.

Colorado § 12-220-206 (Mental and physical examinations) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 232, � 1, effective September 14. L. 2022: (1) and IP(2) amended, (SB 22-219), ch. 381, p. 2716, � 12, effective January 1, 2023. L. 2025: (4) and (5) added, (SB 25-194), ch. 171, p. 694, � 6, effective August 6.