(1) (a) If the board has reasonable cause to believe that a person licensed to practice dentistry or dental hygiene in this state is unable to practice dentistry or dental hygiene with reasonable skill and safety to patients because of a physical or mental disability or because of excessive use of alcohol, a habit-forming drug or substance, or a controlled substance, as defined in section 18-18-102 (5), the board may require the licensed dentist or dental hygienist to submit to a mental or physical examination by a qualified professional designated by the board.
(b) Upon the failure of the licensed dentist or dental hygienist to submit to a mental or physical examination required by the board, unless the failure is due to circumstances beyond the dentist's or dental hygienist's control, the board may suspend the dentist's or dental hygienist's license to practice dentistry or dental hygiene in this state until the dentist or dental hygienist submits to the examination.
(2) Every person licensed to practice dentistry or dental hygiene in this state is deemed, by so practicing or by applying for a renewal of the person's license to practice dentistry or dental hygiene in this state, to have:
Given consent to submit to a mental or physical examination when directed in writing by the board; and
Waived all objections to the admissibility of the examining qualified professional'stestimony or examination reports on the ground of privileged communication.
(3) The results of any mental or physical examination ordered by the board cannot be used as evidence in any proceeding other than before the board.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 232, § 1, effective September 14.
Editor's note: This section is similar to former § 12-220-135 as it existed prior to 2020.