§ 23-74-7 - Examination access of medical data.
SECTION 23-74-7
§ 23-74-7 Examination access of medicaldata. – The director may require an unlicensed practitioner to undergo a physical orpsychiatric examination by a physician acceptable to the director from a listprovided to the practitioner if probable cause exists to believe thatallegations of misconduct against him or her are caused by an impairment whichhas directly affected his or her ability to conduct his or her practiceprofessionally. In such circumstances, the director shall also be entitled toobtain confidential health care information of the practitioner without thepractitioner's consent. The director may not discriminate on the basis ofdisability in the administration of this section, nor subject qualifiedindividuals with disabilities to any discrimination on the basis of adisability. All decisions of the director shall be based on the allegation ofunprofessional conduct and not due to probable cause of the conduct beingrelated to the disability of the practitioner. An unlicensed health carepractitioner affected under this section shall at reasonable intervals be givenan opportunity to demonstrate that the practitioner can resume the provision ofhealth care practices with reasonable safety to clients. In any proceedingunder this section, neither the record of proceedings nor the orders entered bythe director shall be used against an unlicensed health care practitioner inany other proceeding.