C.R.S. Section 12-275-121
Mental and physical examination of licensees

  • confidential agreements to limit practice

(1)

If the board has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the board may require the licensee to submit to a mental or physical examination by a physician or qualified health-care provider designated by the board. If the licensee refuses to undergo a mental or physical examination, unless due to circumstances beyond the licensee’s control, the board may suspend the licensee’s license until an examination has occurred, the results of the examination are known, and the board has made a determination of the licensee’s fitness to practice. The board shall proceed with the order for examination and the determination in a timely manner.

(2)

An order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination shall contain the basis of the board’s reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For the purposes of any disciplinary proceeding authorized under this article 275, the licensee shall be deemed to have waived all objections to the admissibility of the examining physician’s testimony or examination reports on the ground that they are privileged communications.

(3)

The licensee may submit to the board testimony or examination reports from a physician chosen by the licensee and pertaining to any condition that the board has alleged may preclude the licensee from practicing with reasonable skill and safety. These may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician designated by the board.

(4)

The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than one before the board and shall not be deemed public records nor made available to the public.

(5)

Intentionally left blank —Ed.

(a)

The board may enter into an agreement in accordance with section 12-30-108 with an optometrist whose practice is or may be affected by a physical illness, physical condition, or behavioral or mental health disorder that renders the optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the care of the optometrist if:

(I)

The board believes that one or more limitations of the optometrist’s practice would both enable the optometrist to treat with reasonable skill and safety and would protect the health and safety of persons under the care of the optometrist; and

(II)

The optometrist enters into an enforceable agreement with the board to so limit the optometrist’s practice.

(b)

An agreement entered into pursuant to this subsection (5) is confidential and not subject to disclosure pursuant to the “Colorado Open Records Act”, part 2 of article 72 of title 24, and may include provisions for monitoring and reevaluation of the optometrist.

(c)

For purposes of this subsection (5), “physical illness, physical condition, or behavioral or mental health disorder” does not include the habitual or excessive use or abuse of alcohol, a habit-forming drug, or any controlled substance as defined in section 18-18-102 (5).

Source: Section 12-275-121 — Mental and physical examination of licensees - confidential agreements to limit practice, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑275‑101
Legislative declaration 12‑275‑102
Applicability of common provisions 12‑275‑103
Practice of optometry defined - prescribing drugs - therapeutic optometrist - rule 12‑275‑104
Proprietor defined 12‑275‑105
Persons entitled to practice optometry - title protection of optometrists 12‑275‑106
Persons excluded from operation of this article 12‑275‑107
State board of optometry - created - members 12‑275‑108
Powers and duties of the board - rules - limitation on authority 12‑275‑109
Volunteer optometrist license 12‑275‑110
Application for license - licensure by endorsement 12‑275‑111
Current licensees - treatment and therapeutic practice 12‑275‑112
Examination - licenses 12‑275‑113
Use of prescription and nonprescription drugs - limits on prescriptions 12‑275‑114
Prescriptions - requirement to advise patients 12‑275‑115
License renewal - questionnaire - continuing education 12‑275‑116
Change of address 12‑275‑117
Licenses to be displayed 12‑275‑118
Records to be kept by the board 12‑275‑119
Patient’s exercise of free choice - release of patient records - rules 12‑275‑120
Unprofessional conduct - definitions 12‑275‑121
Mental and physical examination of licensees - confidential agreements to limit practice 12‑275‑122
Discipline - procedure - professional review - immunity - reconsideration and review of action by board - rules 12‑275‑123
Use or sale of forged or invalid certificate, degree, or license 12‑275‑124
Corporate practice prohibited - exceptions 12‑275‑125
Enforcement - injunction - defense 12‑275‑126
Unauthorized practice - penalties 12‑275‑127
Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of optometry - definitions 12‑275‑128
Financial responsibility - rules 12‑275‑129
Judgments and settlements - reporting 12‑275‑130
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 12-275-121’s source at colorado​.gov