(1) If the director has reasonable cause to believe that a licensee is unable to practice
with reasonable skill and safety, the director may require the licensee to take a
mental or physical examination by a health-care provider designated by the director. If the licensee refuses to undergo a mental or physical examination, unless due
to circumstances beyond the licensee's control, the director may suspend the licensee'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 determination in a
(2) The director shall include in an order issued to a licensee under subsection (1)
of this section the basis of the director's reasonable cause to believe that the licensee
is unable to practice with reasonable skill and safety. For the purposes of a disciplinary proceeding authorized by this article 210, the
licensee is deemed to have waived all objections to the admissibility of the examining
health-care provider's testimony or examination reports on the ground that they are
(3) The licensee may submit to the director testimony or examination reports from
a health-care provider chosen by the licensee pertaining to the condition that the
director alleges may preclude the licensee from practicing with reasonable skill and
safety. The director may consider testimony and reports submitted by the licensee in conjunction
with, but not in lieu of, testimony and examination reports of the health-care provider
designated by the director.
(4) A person shall not use the results of any mental or physical examination ordered
by the director as evidence in any proceeding other than one before the director. The examination results are not public records and are not available to the public.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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