Colorado § 12-220-206 - Mental and physical examinations.

§ 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.

(4) A licensee's voluntary submission to a mental or physical examination and completion of any requirements given by the qualified professional designated by the board satisfies any requirement to notify the board of a physical or mental health condition that may impact the licensee's ability to practice with reasonable skill and safety pursuant to section 12-30-108 (1), 12-220-201 (1)(j)(I), or 12-220-310 (3), unless the qualified professional notifies the licensee that the licensee must notify the board of the condition.

(5) Notification requirements described in section 12-30-108 (1), 12-220-201 (1)(j)(I), or 12-220-310 (3) begin upon discharge of a licensee enrolled in inpatient treatment for a serious mental health or physical condition.

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 232, § 1, effective September 14. L. 2022: (1) and IP(2) amended, (SB 22-219), ch. 381, p. 2716, § 12, effective January 1, 2023. L. 2025: (4) and (5) added, (SB 25-194), ch. 171, p. 694, § 6, effective August 6.

Editor's note: This section is similar to former § 12-220-135 as it existed prior to 2020.

Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.