12-315-208. Examination of registrants - behavioral health - mental health - physical condit

12-315-208. Examination of registrants - behavioral health - mental health - physical conditions. (1) (a) (I) [Editor's note: This version of the introductory portion of subsection (1)(a)(I) is effective until January 1, 2026.] If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician is unable to practice as a veterinary technician with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician submit to an examination to evaluate:

(1) (a) (I) [Editor's note: This version of the introductory portion of subsection (1)(a)(I) is effective January 1, 2026.] If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician or veterinary professional associate is unable to practice as a veterinary technician with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician or veterinary professional associate submit to an examination to evaluate:

(A) The existence and extent of the physical condition or the behavioral health, mental health, or substance use disorder; and

(B) [Editor's note: This version of subsection (1)(a)(I)(B) is effective until January 1, 2026.] Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's ability to practice as a veterinary technician with reasonable skill and safety to patients and clients.

(B) [Editor's note: This version of subsection (1)(a)(I)(B) is effective January 1, 2026.] Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's or veterinary professional associate's ability to practice as a veterinary technician with reasonable skill and safety to patients and clients.

(II) A qualified professional employed by or contracting with a veterinary peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.

(b) [Editor's note: This version of subsection (1)(b) is effective until January 1, 2026.] If a veterinary technician fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's registration until the veterinary technician submits to the examination; however, if the veterinary technician demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's control, the board shall not suspend the veterinary technician's registration.

section, the board may suspend the veterinary technician's registration until the veterinary technician submits to the examination; however, if the veterinary technician demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's control, the board shall not suspend the veterinary technician's registration.

(b) [Editor's note: This version of subsection (1)(b) is effective January 1, 2026.] If a veterinary technician or veterinary professional associate fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's or veterinary professional associate's registration until the veterinary technician or veterinary professional associate submits to the examination; however, if the veterinary technician or veterinary professional associate demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's or veterinary professional associate's control, the board shall not suspend the veterinary technician's or veterinary professional associate's registration.

(2) [Editor's note: This version of the introductory portion of subsection (2) is effective until January 1, 2026.] Every veterinary technician in this state is deemed, by practicing as a veterinary technician or applying for a renewal of the person's registration, to have:

(2) [Editor's note: This version of the introductory portion of subsection (2) is effective January 1, 2026.] Every veterinary technician or veterinary professional associate in this state is deemed, by practicing as a veterinary technician or veterinary professional associate or applying for a renewal of the person's registration, to have:

(a) Given consent to submit to an examination that the board may require under subsection (1)(a) of this section; and

(b) Waived an objection to the admissibility of the examining professional's testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.

(3) (a) A person shall not use the results of an examination ordered under subsection (1)(a) of this section as evidence in any proceeding other than a proceeding before the board.

(b) Except as provided in subsection (3)(a) of this section, any examination results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential, are not public records, and are not available to the public.