§20143. Emergency action
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/1/27)
Upon its own motion or upon complaint, the board, or an investigative committee of the board pursuant to section 20141, in the interests of public health, safety and welfare, shall treat as an emergency a complaint or allegation that an individual licensed under this chapter is or may be unable to practice medicine with reasonable skill and safety to patients by reason of mental illness, alcohol intemperance or excessive use of drugs or narcotics or as a result of a mental or physical condition interfering with the competent practice of medicine. In enforcing this section, the board, or an investigative committee of the board pursuant to section 20141, may compel a licensee to submit to a mental or physical examination directed by the board. Failure of a licensee to submit to this examination when directed constitutes an admission of the allegations against the physician, unless the failure was due to circumstances beyond the physician's control, upon which a final order of disciplinary action may be entered without the taking of testimony or presentation of evidence. A licensee affected under this section must, at reasonable intervals, be afforded an opportunity to demonstrate that the licensee can resume the competent practice of medicine with reasonable skill and safety to patients. For the purposes of this chapter, by practicing or by making and filing a biennial license to practice medicine in this State, a licensee licensed under this chapter who accepts the privilege to practice medicine in this State is deemed to have given consent to a mental or physical examination when directed in writing by the board and to have waived all objections to the admissibility of the examiner's testimony or examination reports on the grounds that the testimony or reports constitute a privileged communication. Injunctions must issue immediately to enjoin the practice of medicine by an individual licensed to practice under this chapter when that individual's continued practice may cause irreparable damage to the public health or safety prior to the time proceedings under this chapter could be instituted and completed. In a petition for injunction pursuant to this section, there must be set forth with particularity the facts that make it appear that irreparable damage to the public health or safety may occur prior to the time proceedings under this chapter could be instituted and completed. The petition must be filed in the name of the board on behalf of this State.
[PL 2025, c. 738, Pt. A, §7 (NEW); PL 2025, c. 738, Pt. A, §9 (AFF).]
SECTION HISTORY
PL 2025, c. 738, Pt. A, §7 (NEW). PL 2025, c. 738, Pt. A, §9 (AFF).