(1) (a) If the board has reasonable grounds to believe that a licensee or temporary license holder is unable to practice with reasonable skill and safety to residents because of a condition described in section 12-265- 113 (1)(g) or (1)(h), it may require the person to submit to a mental or physical examination by a physician or other licensed health-care professional it designates. Upon the failure of the person to submit to the mental or physical examination, unless due to circumstances beyond the person's control, the board may suspend the person's license until the person submits to the required examinations. (b) Every licensee or temporary license holder, by engaging in the practice of nursing home administration in this state or by applying for the renewal of a license or temporary license, shall be deemed to have given consent to submit to a mental or physical examination when so directed in writing by the board. The direction to submit to an examination shall contain the basis of the board's reasonable grounds to believe that the licensee is unable to practice with reasonable skill and safety to residents because of a condition described in section 12-265-113 (1)(g) or (1)(h). The licensee shall be deemed to have waived all objections to the admissibility of the examining physician's or other licensed health-care professional's testimony or examination reports on the ground of privileged communication. (2) Nothing in this section shall prevent the licensee from submitting testimony or examination reports of a physician or other licensed health-care professional designated by the licensee that pertains to a condition described in section 12-265-113 (1)(g) or (1)(h) that may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the board. (3) 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.
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