(1) If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the director may order the licensee to take 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 licensee's control, if the licensee refuses to undergo a mental or physical examination, the director may suspend the person's license until the results of the examination are known and the director has made a determination of the licensee's fitness to practice. The director shall proceed with an order for examination and shall make the determination in a timely manner.
The director shall include in an order requiring a licensee to undergo a mental orphysical examination the basis of the director's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For purposes of a disciplinary proceeding authorized under this article 205, the licensee 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 ground that they are privileged communications.
The licensee may submit to the director testimony or examination reports from aphysician chosen by the licensee and pertaining to any condition that the director has alleged may preclude the licensee from practicing with reasonable skill and safety. The testimony and reports submitted by the licensee may be considered by the director in conjunction with, but not in lieu of, testimony and examination reports of the physician designated by the director.
The results of a mental or physical examination ordered by the director shall not beused 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.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1045, § 1, effective October 1; (1), (2), and (3) amended, (HB 19-1083), ch. 61, p. 224, § 22, effective October 1.
Editor's note: (1) This section is similar to former § 12-29.7-112 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1083. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1083, chapter 61, Session Laws of Colorado 2019.