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.)