Examination to determine competence.
1. If the Board or any investigative committee of the Board has reason to believe that the conduct of any marriage and family therapist has raised a reasonable question as to his competence to practice therapy with reasonable skill and safety, it may order the marriage and family therapist to undergo:
(a) A mental or physical examination administered by an appropriately licensed provider of health care;
(b) An examination testing his competence to practice therapy; or
(c) Any other examination designated by the Board,
Ê to assist the Board or committee in determining the fitness of the marriage and family therapist to practice therapy.
2. For the purposes of this section:
(a) Every therapist who applies for a license or who is licensed pursuant to this chapter is deemed to have given his consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the Board.
(b) The testimony and reports of the examining provider of health care are not privileged communications.
3. Except in extraordinary circumstances, as determined by the Board, the failure of a therapist licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him.
4. The Board may require the marriage and family therapist to pay the cost of the examination.
Last modified: February 27, 2006