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(a) If the board has probable cause to believe that a physical therapist comes under section
148.75, paragraph (a), it may direct the physical therapist to submit to a mental or physical
examination. For the purpose of this paragraph, every physical therapist is deemed to have
consented to submit to a mental or physical examination when directed in writing by the board and
further to have waived all objections to the admissibility of the examining physicians' testimony
or examination reports on the ground that they constitute a privileged communication. Failure of
the physical therapist to submit to an examination when directed constitutes an admission of the
allegations against the person, unless the failure was due to circumstances beyond the person's
control, in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. A physical therapist affected under this paragraph shall, at reasonable
intervals, be given an opportunity to demonstrate that the person can resume the competent
practice of physical therapy with reasonable skill and safety to the public.
(b) In any proceeding under paragraph (a), neither the record of proceedings nor the orders
entered by the board shall be used against a physical therapist in any other proceeding.
(c) In addition to ordering a physical or mental examination, the board may, notwithstanding
section 13.384, 144.651, or any other law limiting access to medical or other health data, obtain
medical data and health records relating to a physical therapist or applicant without the person's
or applicant's consent if the board has probable cause to believe that a physical therapist comes
under paragraph (a). The medical data may be requested from a provider, as defined in section
144.335, subdivision 1, paragraph (b), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government agency shall
comply with any written request of the board under this paragraph and is not liable in any action
for damages for releasing the data requested by the board if the data are released pursuant to a
written request under this paragraph, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained under
this paragraph is classified as private under sections 13.01 to 13.87.
History: 2005 c 147 art 2 s 11

Official Publication of the State of Minnesota
Revisor of Statutes