(1) If the board has reasonable cause to believe a licensee is unable to practice with reasonable skill and safety, it may require the licensee to take a mental or physical examination given by a physician or other qualified provider designated by the board. If the licensee refuses to undergo the examination or to release all medical records necessary to determine the licensee's ability to practice safely, unless the refusal or failure is due to circumstances beyond the licensee's control, the board may suspend the licensee's license until the results of the examination are known and the board has made a determination of the licensee's fitness to practice. The board shall proceed with an order for examination and make its determination in a timely manner.
An order for examination issued by the board pursuant to subsection (1) of this section shall include the board's reasons for believing the licensee is unable to practice with reasonable skill and safety.
For purposes of any disciplinary proceeding authorized under this article 215, a licensee shall be deemed to have waived all objections to the admissibility of an examining physician's testimony and examination reports on the basis of privilege.
A licensee may submit to the board testimony and examination reports received froma physician chosen by the licensee, if the testimony and reports pertain to a condition that the board has alleged may preclude the licensee from practicing with reasonable skill and safety.
The results of a mental or physical examination ordered by the board shall not beused as evidence in any proceeding other than one held before the board and shall not be a public record nor made available to the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1070, § 1, effective October 1.
Editor's note: This section is similar to former § 12-33-117.5 as it existed prior to 2019.