§ 12-270-117 — Mental and physical examination of licensees

Colorado § 12-270-117

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Occupational Therapists and

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 order the licensee to take a mental or
physical examination administered by a physician or other licensed health-care
professional designated by the director. Except where due to circumstances
beyond the licensee's control, if the licensee fails or refuses to undergo a mental or
physical examination, the director may suspend the licensee's license until the
director has made a determination of the licensee's fitness to practice. The director
shall proceed with an order for examination and shall make a determination in a
timely manner.

(2) In an order requiring a licensee to undergo a mental or physical
examination, the director shall state 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 a disciplinary proceeding authorized under this article 270, the licensee
is deemed to have waived all objections to the admissibility of the examining
physician's or licensed health-care professional's testimony or examination reports
on the grounds that they are privileged communication.

(3) The licensee may submit to the director testimony or examination reports
from a physician 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 and reports submitted by
the licensee in conjunction with, but not in lieu of, testimony and examination
reports of the physician 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 a public record or made available to the public.

Legislative History

Source: L. 2021: Entire article RC&RE, (SB 21-003), ch. 4, p. 27, � 1, effective January 21.