(1) (a) If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety to clients, the director may order the licensee to submit to a mental or physical examination administered by a physician or other licensed health care professional designated by the director.
(b) If a licensee refuses to submit to a mental or physical examination that has been properly ordered by the director pursuant to subsection (2) of this section, and the refusal is not due to circumstances beyond the licensee's control:
The refusal constitutes grounds for discipline pursuant to section 12-300-109 (2)(s);and
The director may suspend the licensee's license in accordance with section 12-300109 until:
The licensee submits to the examination and the results of the examination are known; and
The director has made a determination of the licensee's fitness to practice.
(c) The director shall proceed with an order for examination and determination of a licensee's fitness to practice in a timely manner.
In an order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination, the director shall include 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 any disciplinary proceeding authorized under this article 300, the licensee is deemed to have waived all objections to the admissibility of the examining physician'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 or other licensed health care professional chosen by the licensee and pertaining to any condition that the director has alleged might preclude the licensee from practicing with reasonable skill and safety. The director may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health care professional designated by the director.
The results of a mental or physical examination ordered by the director must not beused as evidence in any proceeding other than one before the director, are not public records, and must not be made available to the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1587, § 1, effective October 1.
Editor's note: This section is similar to former § 12-41.5-109.5 as it existed prior to 2019.