37-1-414. Mental and physical evaluations. (1) If the department, on behalf of a health care program, has objective and reasonable belief that a licensee or license applicant presents a significant risk of substantial harm to public health and safety, the department may require an evaluation of the licensee or license applicant by an appropriate medical provider.

(2) The evaluation in subsection (1) must determine to what extent and how any existing mental or physical impairment or disability or use of controlled substances by the individual may impact the individual's performance of the profession or occupation with reasonable skill and safety. The factors to be considered include but are not limited to:

(a) the duration of the risk;

(b) the nature and severity of the potential harm;

(c) the likelihood that the potential harm will occur; and

(d) the imminence of the potential harm.

(3) The department may consider additional mental or physical evaluations and may base a proposed disciplinary or enforcement action on a single evaluation or the totality of any evaluations considered.

(4) The department may summarily suspend the license of or suspend processing the application of an individual who refuses to submit to the evaluation.