§ 12-285-124 — Mental and physical examination of licensees

(1) If the board
has reasonable cause to believe that a licensee is unable to practice with
reasonable skill and safety, the board may require the licensee to take a mental or
physical examination by a health-care provider designated by the board. If the
licensee refuses to undergo a mental or physical examination, unless 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 determination in a timely manner.

(2) An order issued to a licensee under subsection (1) of this section to
undergo a mental or physical examination must contain the basis of the board's
reasonable cause to believe that the licensee is unable to practice with reasonable
skill and safety. For the purposes of a disciplinary proceeding authorized by this
article 285, the licensee is deemed to have waived all objections to the admissibility
of the examining health-care provider's testimony or examination reports on the
ground that they are privileged communications.

(3) The licensee may submit to the board testimony or examination reports
from a health-care provider chosen by the licensee pertaining to the condition that
the board has alleged may preclude the licensee from practicing with reasonable
skill and safety. These may be considered by the board in conjunction with, but not
in lieu of, testimony and examination reports of the health-care provider designated
by the board.

(4) A person shall not use the results of any mental or physical examination
ordered by the board as evidence in any proceeding other than one before the
board. 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. 1523, � 1, effective October 1.