(1) (a) (I) If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a licensed veterinarian is unable to practice veterinary medicine with reasonable skill and safety to patients or clients due to a behavioral, mental health, or substance use disorder, the board may require in writing that the licensed veterinarian submit to an examination to evaluate:
The existence and extent of the behavioral, mental health, or substance use disorder;and
Any impact the behavioral, mental health, or substance use disorder has on the licensed veterinarian's ability to practice veterinary medicine with reasonable skill and safety to patients and clients.
(II) A qualified professional employed by or contracting with a veterinarian peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.
(b) If a licensed veterinarian fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the licensed veterinarian's license to practice veterinary medicine until the licensed veterinarian submits to the examination; however, if the licensed veterinarian demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the licensed veterinarian's control, the board shall not suspend the licensed veterinarian's license.
(2) Every person licensed to practice veterinary medicine in this state is deemed, by practicing or applying for a renewal of the person's license, to have:
Given consent to submit to an examination that the board may require under subsection (1) of this section; and
Waived an objection to the admissibility of the examining professional's testimony orexamination reports at a board hearing on grounds that the testimony or reports are privileged communications.
(3) (a) A person shall not use the results of an examination ordered under subsection (1) of this section as evidence in any proceeding other than a proceeding before the board.
(b) Except as provided in subsection (3)(a) of this section, any examination results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential. They are not public records and are not available to the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1639, § 1, effective October 1.
Editor's note: This section is similar to former § 12-64-125 as it existed prior to 2019.