(a) The Board may require a licensee to undergo a mental
or physical examination by a Board-designated health care provider
if the Board has reasonable cause to believe the licensee is impaired.
(b) A licensee is impaired if the licensee is unable
to practice chiropractic with reasonable skill and safety because
of substance abuse or any mental or physical condition.
(c) The Board may require an applicant for a license
to undergo an examination under subsection (a) of this section as
a condition of licensure.
(d) Reasonable cause includes:
(1) a sworn statement from an individual with actual
knowledge of relevant facts that a licensee is impaired;
(2) evidence that a licensee or applicant left a substance
abuse treatment program before completion;
(3) evidence of repeated arrests for intoxication or
offenses in which intoxication is a factor;
(4) evidence of repeated temporary mental health confinements;
(5) evidence of a chronic illness or condition that
prevents an individual from safely practicing chiropractic; or
(6) any other evidence the Board believes shows a licensee
or applicant is a danger to the public.
(e) The Board shall treat the results of any examination
conducted under subsection (a) of this section as confidential.
(f) If necessary, the Board may use the results of
an examination under subsection (a) of this section as grounds to
revoke or suspend a license or to place a license on probation.
(g) If necessary, the Board may use the results of
an examination under subsection (a) of this section as grounds to
deny an application for a license or to impose restrictions on a license
if granted.
(h) To the extent consistent with the Board's duty
to protect the public, the Board shall assist any individual who self-reports
a substance abuse or mental health problem to retain or be granted
a license.
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