§ 12-235-114 — Mental and physical examination of licensees

(1) (a) 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.

(b) If a licensee refuses to submit to a mental or physical examination that
has been properly ordered by the director pursuant to subsection (2) of this section,
and the refusal is not due to circumstances beyond the licensee's control, the
refusal constitutes grounds for discipline pursuant to section 12-235-111 (1)(h).
When a licensee has refused to submit to an examination, the director may suspend
the licensee's license in accordance with section 12-235-112 until:

(I) The results of the examination are known; and

(II) The director has made a determination of the licensee's fitness to
practice.

(c) The director shall proceed with an order for examination and
determination of a licensee's fitness to practice in a timely manner.

(2) In an order to a licensee pursuant to subsection (1) of this section to
undergo a mental or physical examination, the director shall include 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 any disciplinary proceeding authorized
under this article 235, the licensee is deemed to have waived all objections to the
admissibility of the examining physician'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 or other licensed health-care professional 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 director may consider
the testimony or examination reports in conjunction with, but not in lieu of,
testimony and examination reports of the physician or other licensed health-care
professional 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 public records nor made available to the public.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1167, � 1, effective October 1.