Wednesday, September 17, 2014 12:35 PM
(a) The board shall require a licensee or applicant to submit to a mental and/or physical examination by the appropriate health care provider designated by the board if the board has probable cause to believe that the licensee or applicant is impaired. An impaired licensee or applicant is considered to be one who is unable to practice chiropractic with reasonable skill and safety to patients by reason of age, illness, drunkenness, excessive use of drugs, narcotics, chemicals, or any other type of material; or as a result of any mental or physical condition. 

(b) Probable cause may include but is not limited to, any one of the following: 

  (1) sworn statements from two people, willing to testify before the board, that a certain licensee or applicant is impaired; 

  (2) evidence that a licensee or applicant left a treatment program for alcohol or chemical dependency before completion of that program; 

  (3) evidence that a licensee or applicant is guilty of intemperate use of drugs or alcohol; 

  (4) evidence of repeated arrests of a licensee or applicant for intoxication or offenses in which intoxication is a factor; 

  (5) evidence of recurring temporary commitments to a mental institution of a licensee or applicant; 

  (6) chiropractic records and/or medical records showing that a licensee or applicant has an illness or condition which results in the inability to function properly in his or her practice; or 

  (7) medical records evidencing a mental or physical condition of the licensee or applicant.