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Office of the Revisor of Statutes

148B.5905 MENTAL, PHYSICAL, OR CHEMICAL DEPENDENCY EXAMINATION OR
EVALUATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9),
applies to a licensee or applicant, the board may direct the person to submit to a mental, physical,
or chemical dependency examination or evaluation. For the purpose of this section, every licensee
and applicant is deemed to have consented to submit to a mental, physical, or chemical dependency
examination or evaluation when directed in writing by the board and to have waived all objections
to the admissibility of the examining professionals' testimony or examination reports on the
grounds that the testimony or examination reports constitute a privileged communication. Failure
of a licensee or applicant to submit to an examination when directed by the board 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 licensee or applicant affected under this
paragraph shall at reasonable intervals be given an opportunity to demonstrate that the person can
resume the competent practice of licensed professional counseling with reasonable skill and safety
to the public. In any proceeding under this paragraph, neither the record of proceedings nor the
orders entered by the board shall be used against a licensee or applicant in any other proceeding.
(b) 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 licensee or applicant without the licensee's or
applicant's consent if the board has probable cause to believe that section 148B.59, paragraph
(a)
, clause (9), applies to the licensee or applicant. The medical data may be requested from a
provider, as defined in section 144.291, subdivision 2, paragraph (h); 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
subdivision 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 subdivision, 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 subdivision is classified as private under
sections 13.01 to 13.87.
History: 2005 c 147 art 5 s 9; 2007 c 147 art 10 s 15