645—134.6 (152C) Order for mental, physical, or clinical competency examination or alcohol or drug screening. A licensee who is licensed by the board is, as a condition of licensure, under a duty to submit to a mental, physical, or clinical competency examination, including alcohol or drug screening, within a time specified by order of the board. Such examination may be ordered upon a showing of probable cause and shall be at the licensee’s expense.
	 134.6(1) Content of order. A board order for a mental, physical, or clinical competency examination shall include the following items:
	  a.   	 A description of the type of examination to which the licensee must submit.
	  b.   	 The name and address of the examiner or of the evaluation or treatment facility that the board has identified to perform the examination on the licensee.
	  c.   	 The time period in which the licensee must schedule the required examination.
	  d.   	 The amount of time which the licensee has to complete the examination.
	  e.   	 A requirement that the licensee sign necessary releases for the board to communicate with the examiner or the evaluation or treatment facility.
	  f.   	 A requirement that the licensee cause a report of the examination results to be provided to the board within a specified period of time.
	  g.   	 A requirement that the licensee communicate with the board regarding the status of the examination.
	  h.   	 A concise statement of the facts relied on by the board to order the evaluation.
	 134.6(2) Alternatives. Following issuance of the examination order, the licensee may request additional time to schedule or complete the examination or may request the board to approve an alternative examiner or treatment facility. The board in its sole discretion shall determine whether to grant such a request.
	 134.6(3) Objection to order. A licensee who is the subject of a board order and who objects to the order may file a request for hearing. The request for hearing must be filed within 30 days of the date of the examination order, and the request for hearing shall specifically identify the factual and legal issues upon which the licensee bases the objection. The hearing shall be considered a contested case proceeding and shall be governed by the provisions of 645—Chapter 11. On judicial review of a board decision in a contested case involving an objection to an examination order, the case will be captioned in the name of Jane Doe or John Doe to maintain the licensee’s confidentiality.
	 134.6(4) Closed hearing. Any hearing on an objection to the board order shall be closed pursuant to Iowa Code section 272C.6(1).
	 134.6(5) Order and reports confidential. An examination order, and any subsequent examination reports issued in the course of a board investigation, are confidential investigative information pursuant to Iowa Code section 272C.6(4).
	 134.6(6) Admissibility. In the event the licensee submits to evaluation and subsequent proceedings are held before the board, all objections shall be waived as to the admissibility of the examining physicians’ or health care providers’ testimony or examination reports on the grounds that they constitute privileged communication. The medical testimony or examination reports shall not be used against the licensee in any proceeding other than one relating to licensee discipline by the board.
	 134.6(7) Failure to submit. Failure of a licensee to submit to a board-ordered mental, physical, or clinical competency examination or to submit to alcohol or drug screening constitutes a violation of the rules of the board and is grounds for disciplinary action.