§ 43-05-16.4 — Mental examination - Access to medical data

North Dakota § 43-05-16.4

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-05: Podiatrists

Text

1. If the board has probable cause to believe that a podiatrist or applicant for license falls
within the provisions of subdivision l or q of subsection 1 of section 43-05-16, it may
direct the podiatrist or applicant for license to submit to a mental or physical
examination or an addiction evaluation. A podiatrist licensed or permitted under this
chapter or an applicant for a license is considered to have consented to submit to a
mental or physical examination or an addiction examination when directed in writing by
the board and to have waived all objections to the admissibility of the examiner's
testimony or examination reports on the ground that the examination constitutes a
privileged communication. The failure of a podiatrist or applicant for a license to submit
to an examination when directed constitutes an admission of the allegations against
the podiatrist or applicant for license and a default and final order may be entered
without the taking of testimony or presentation of evidence unless the failure was due
to circumstances beyond the podiatrist's or applicant's control. A podiatrist or applicant
for a license must, at reasonable intervals, be given an opportunity to demonstrate that
the podiatrist or applicant can resume or commence the competent practice of
podiatric medicine with reasonable skill and safety to patients. In a proceeding under
this subsection, neither the record of proceedings nor the orders entered by the board
may be used against a podiatrist or applicant in any other proceeding.
2. In addition to ordering a physical or mental examination or an addiction evaluation, the
board may, notwithstanding any law to the contrary, obtain medical data and health
records relating to a licensee or applicant without the licensee's or applicant's consent
if the board has probable cause to believe that the podiatrist or applicant falls within
the provisions of subdivision l or q of subsection 1 of section 43-05-16. The medical
data may be requested from a provider, an insurance company, or a government
agency. A provider, insurance company, or government agency shall comply with a
written request of the board under this section and is not liable in any action for
damages for releasing the data requested by the board if the data are released in
accordance with a written request under this section unless the information is false
and the provider giving the information knew or had reason to believe the information
was false.