TITLE 23
Health and Safety
CHAPTER 23-74
Unlicensed Health Care Practices
SECTION 23-74-7
§ 23-74-7 Examination access of medical
data.
The director may require an unlicensed practitioner to undergo a physical or
psychiatric examination by a physician acceptable to the director from a list
provided to the practitioner if probable cause exists to believe that
allegations of misconduct against him or her are caused by an impairment which
has directly affected his or her ability to conduct his or her practice
professionally. In such circumstances, the director shall also be entitled to
obtain confidential health care information of the practitioner without the
practitioner's consent. The director may not discriminate on the basis of
disability in the administration of this section, nor subject qualified
individuals with disabilities to any discrimination on the basis of a
disability. All decisions of the director shall be based on the allegation of
unprofessional conduct and not due to probable cause of the conduct being
related to the disability of the practitioner. An unlicensed health care
practitioner affected under this section shall at reasonable intervals be given
an opportunity to demonstrate that the practitioner can resume the provision of
health care practices with reasonable safety to clients. In any proceeding
under this section, neither the record of proceedings nor the orders entered by
the director shall be used against an unlicensed health care practitioner in
any other proceeding.
History of Section.
(P.L. 2002, ch. 133, § 1.)
