§ 12-305-116 — Mental and physical examination of certificate holders

Colorado § 12-305-116

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Speech-language Pathologists

Text

(1) If
the director has reasonable cause to believe that a certificate holder is unable to
practice with reasonable skill and safety, the director may order the certificate
holder 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 certificate holder's control, if the certificate
holder fails or refuses to undergo a mental or physical examination, the director
may suspend the certificate holder's certification until the director has made a
determination of the certificate holder's fitness to practice. The director shall
proceed with an order for examination and shall make the determination in a timely
manner.

(2) The director shall include in an order requiring a certificate holder to
undergo a mental or physical examination the basis of the director's reasonable
cause to believe that the certificate holder is unable to practice with reasonable
skill and safety. For purposes of a disciplinary proceeding authorized under this
article 305, the certificate holder 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 certificate holder may submit to the director testimony or
examination reports from a physician chosen by the certificate holder and
pertaining to any condition that the director has alleged may preclude the
certificate holder from practicing with reasonable skill and safety. The director may
consider the testimony and reports submitted by the certificate holder in
conjunction with, but not in lieu of, the 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,
are not a public record, and are not available to the public.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1605, � 1, effective October 1.