311A.065 Psychological or physical evaluation.
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(1)If the office of the board has reasonable cause to believe that any licensee or
certificate holder or any applicant for licensure or certification by examination,
reinstatement, or change of status is unable to practice with reasonable skill or
safety or has abused alcohol or drugs, it may require the person to submit to a
mental health, neuropsychological, psychosocial, psychosexual, substance use
disorder, or physical evaluation by a licensed or certified practitioner designated by
the board. Upon the failure of the person to submit to a mental health,
neuropsychological, psychosocial, psychosexual, substance use disorder, or physical
evaluation, unless due to circumstances beyond the person's control, the office of
the board may initiate an action for immediate temporary suspension pursuant to
this chapter or deny the application until the person submits to the required
evaluation. The office of the board may issue an immediate and temporary
suspension from the time of the evaluation until the hearing.
(2)Every licensee or certificate holder or applicant for licensure or certification by
examination, reinstatement, or change of status shall be deemed to have given
consent to submit to a mental health, neuropsychological, psychosocial,
psychosexual, substance use disorder, or physical evaluation when so directed in
writing by the board. The direction to submit to an evaluation shall contain the basis
of the office of the board's reasonable cause to believe that the person is unable to
practice with reasonable skill or safety, or has abused alcohol or drugs. The person
shall be deemed to have waived all objections to the admissibility of the examining
physician's or psychologist's testimony or evaluation reports on the ground of
privileged communication.
(3)The licensee or certificate holder or applicant for licensure or certification by
examination, reinstatement, or change of status shall bear the cost of any mental
health, neuropsychological, psychosocial, psychosexual, substance use disorder, or
physical evaluation ordered by the board.