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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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