§ 12-250-119 — Mental and physical examination of registrants

Colorado § 12-250-119

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Naturopathic Doctors

Text

(1) If the
director has reasonable cause to believe that a registrant is unable to practice with
reasonable skill and safety, the director may require the registrant to take a mental
or physical examination by a health-care provider designated by the director. If the
registrant refuses to undergo a mental or physical examination, unless due to
circumstances beyond the registrant's control, the director may suspend the
registrant's registration until the results of the examination are known and the
director has made a determination of the registrant'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 under subsection (1) of this
section the basis of the director's reasonable cause to believe that the registrant is
unable to practice with reasonable skill and safety. For the purposes of a
disciplinary proceeding authorized by this article 250, the registrant is deemed to
waive all objections to the admissibility of the examining health-care provider's
testimony or examination reports on the ground that the testimony and reports are
privileged communications.

(3) The registrant may submit to the director testimony or examination
reports from a health-care provider chosen by the registrant pertaining to the
condition that the director alleges may preclude the registrant from practicing with
reasonable skill and safety. The director may consider testimony and examination
reports submitted by the registrant 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. 1317, � 1, effective October 1.