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311A.065 Mental or physical examination.
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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 that person to submit to a
mental or physical examination by a physician or psychologist it designates. Upon
the failure of the person to submit to a mental or physical examination, 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 examination. The office of the
board may issue an immediate and temporary suspension from the time of the
examination until the hearing.
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 an examination when so directed in writing by the board. The
direction to submit to an examination 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 examination reports on the ground of
privileged communication.
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 or
physical examination ordered by the office of the board.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 211, sec. 12, effective July 15, 2002.
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