§ 12-310-108 — Mental and physical examination

(1) If the director has
reasonable cause to believe that a registrant is unable to perform the duties of a
surgical assistant or surgical technologist, as appropriate, with reasonable skill and
safety, the director may order the registrant to undergo a mental or physical
examination administered by a physician or other licensed health-care professional
designated by the director. Unless due to circumstances beyond the registrant's
control, if the registrant refuses to undergo a mental or physical examination, 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 perform the duties of a surgical assistant or surgical
technologist. The director shall proceed with an order for examination and shall
make his or her determination in a timely manner.

(2) An order requiring a registrant to undergo a mental or physical
examination shall contain the basis of the director's reasonable cause to believe
that the registrant is unable to work with reasonable skill and safety. For purposes
of a disciplinary proceeding authorized under this article 310, the registrant shall be
deemed to have waived all objections to the admissibility of the examining
physician's or other licensed health-care professional's testimony or examination
reports on the ground that they are privileged communications.

(3) The registrant may submit to the director testimony or examination
reports from a physician or other licensed health-care professional chosen by the
registrant and pertaining to any condition that the director has alleged may
preclude the registrant from working with reasonable skill and safety. The
testimony and reports submitted by the registrant may be considered by the
director in conjunction with, but not in lieu of, testimony and examination reports
from 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 a public record or made available to the public.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1616, � 1, effective October 1.