(1) As used in this section: (a) "License" includes a certification issued under this chapter. (b) "Licensed" includes a person certified under this chapter. (c) "Licensee" includes a certificate holder under this chapter. (2) Subject to Subsection (7), the division may take an action described in Section 58-1-401 and in accordance with that section, including refusing to issue or renew a license, or revoking, suspending, restricting, or placing a license on probation, issuing a public or private reprimand, or issuing a cease and desist order. (3) (a) (i) Subject to Subsection (7), if a court with jurisdiction determines a licensee is incapacitated as defined in Section 75-1-20, or that the licensee has a mental illness as defined in Section 26B-5-301, and is unable to safely engage in practice under this chapter, the director shall immediately suspend the license of the licensee upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending. (ii) The director shall promptly notify the licensee in writing of a suspension under Subsection (3)(a)(i). (b) (i) If the division and a majority of the board find reasonable cause to believe that a licensee cannot practice under this chapter with reasonable skill and safety to protect a patient due to illness, excessive use of drugs or alcohol, or another mental or physical condition, and a court has not determined that the licensee is incapacitated or has a mental illness, the board shall: (A) recommend that the director file a petition with the division; and (B) ensure service of the petition on the licensee together with a notice of hearing limited to the licensee's capacity to competently and safely practice under this chapter. (ii) Except as provided in Subsection (4), the hearing described in Subsection (3)(b)(i) shall be conducted under Section 58-1-109 and Title 63G, Chapter 4, Administrative Procedures Act. (4) (a) Every licensee who accepts the privilege of being licensed under this chapter gives consent to: (i) submitting to an immediate mental or physical examination, at the licensee's expense and by a division-approved practitioner selected by the licensee when directed in writing by the division and a majority of the board to do so; and (ii) the admissibility of the reports of the examining practitioner's testimony or examination, and waives all objections on the ground the reports constitute a privileged communication. (b) The examination may be ordered by the division, with the consent of a majority of the board, only upon a finding of reasonable cause to believe: (i) the licensee has a mental illness, is incapacitated, or otherwise unable to practice with reasonable skill and safety; and (ii) immediate action by the division and the board is necessary to prevent harm to the licensee's patients or the general public. (c) (i) By written order of the director, the division may immediately suspend the license of a licensee who fails to submit to examination in accordance with this section. (ii) The division may enter the order of suspension without further compliance with Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the licensee's failure to submit to examination was due to circumstances beyond the control of the licensee and unrelated to the illness or incapacity of the licensee. (5) (a) A licensee whose license is suspended under Subsection (3) or (4)(c) may appeal the suspension within 10 days after the day on which the division suspends the license. (b) The hearing held under this Subsection (5) shall be conducted in accordance with Sections
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