§ 40-30-240 — Mental or physical examination; records; drug testing.

If investigating grounds for taking disciplinary action based upon an alcohol or drug addiction, as provided for in Section 40-30-230(A)(9), or a physical or mental disability, as provided for in Section 40-30-230(A)(10), the board upon reasonable grounds may: (1) require an applicant or licensee to submit to a mental or physical examination including a drug test by authorized practitioners designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege pursuant to a contrary rule of law. An individual who accepts the privilege of practicing massage therapy in this State or who files an application for a license to practice massage therapy in this State is deemed to have consented to submit to a mental or physical examination including a drug test and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the results constitute a privileged communication. If an applicant or licensee fails to submit to an examination when requested by the board pursuant to this section, unless the failure was due to circumstances beyond the individual's control, then the board shall enter an order automatically denying or suspending the license pending compliance and further order of the board. An applicant or licensee who is prohibited from practicing pursuant to this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of massage therapy with reasonable skill and safety to clients; (2) obtain records of an examination required by item (1) specifically relating to the mental or physical condition of an applicant or licensee who is the subject of an investigation and these records are admissible in a hearing before the board, notwithstanding any other provision of law. An individual who accepts the privilege of practicing massage therapy in this State or who files an application to practice massage therapy in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the records constitute a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when requested by the board pursuant to this section, unless the failure was due to circumstances beyond the individual's control, then the board shall enter an order automatically denying or suspending the license pending compliance and further order of the board. An applicant or licensee who is prohibited pursuant to this section from practicing massage therapy must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of massage therapy with reasonable skill and safety to clients.

Legislative History

HISTORY: 1996 Act No. 387, SECTION 1; 2013 Act No. 41, SECTION 6, eff June 7, 2013; 2022 Act No. 151 (S.227), SECTION 2, eff May 13, 2023. Effect of Amendment The 2013 amendment substituted "panel" for "disciplinary panel" throughout, and made other nonsubstantive changes. 2022 Act No. 151, SECTION 2, rewrote the section.