Section 12-220-206 - Mental and physical examinations(1)(a) If the board has reasonable cause to believe that a person licensed to practice dentistry, dental therapy, or dental hygiene in this state is unable to practice dentistry, dental therapy, or dental hygiene with reasonable skill and safety to patients because of a physical or mental disability or because of excessive use of alcohol, a habit-forming drug or substance, or a controlled substance, as defined in section 18-18-102 (5), the board may require the licensed dentist, dental therapist, or dental hygienist to submit to a mental or physical examination by a qualified professional designated by the board.(b) Upon the failure of the licensed dentist, dental therapist, or dental hygienist to submit to a mental or physical examination required by the board, unless the failure is due to circumstances beyond the dentist's, dental therapist's, or dental hygienist's control, the board may suspend the dentist's, dental therapist's, or dental hygienist's license to practice dentistry, dental therapy, or dental hygiene in this state until the dentist, dental therapist, or dental hygienist submits to the examination.(2) Every person licensed to practice dentistry, dental therapy, or dental hygiene in this state is deemed, by so practicing or by applying for a renewal of the person's license to practice dentistry, dental therapy, or dental hygiene in this state, to have:(a) Given consent to submit to a mental or physical examination when directed in writing by the board; and(b) Waived all objections to the admissibility of the examining qualified professional's testimony or examination reports on the ground of privileged communication.(3) The results of any mental or physical examination ordered by the board cannot be used as evidence in any proceeding other than before the board.Amended by 2022 Ch. 381, § 12, eff. 1/1/2023.Renumbered from C.R.S. § 12-220-135 and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.Renumbered from C.R.S. § 12-35-129.5 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Added by 2014 Ch. 363, § 10, eff. 7/1/2014.This section is similar to former § 12-220-135 as it existed prior to 2020.
2022 Ch. 381, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.