KRS 315.125: Mental or physical examination ordered by board -- Effect of failure to

submit to examination.

(1) When the board has probable cause to believe a pharmacist, pharmacy technician,

licensee, certificate holder, or permit holder is suffering from a men tal or physical

condition that might impede that person's ability to practice competently, the board

may order the individual to undergo a mental or physical examination by an

appropriately-trained professional designated by the board.

(2) Failure of a pharmacist, pharmacy technician, licensee, or permit holder to submit to

such an examination when directed, unless the failure was due to circumstances

beyond his or her control, shall constitute an admission that he or she has developed

such a mental or phys ical disability, or other condition, that continued practice is

dangerous to patients or to the public. Failure to attend the examination shall

constitute a default, and a final order suspending, limiting, restricting, or revoking

the license or permit may be entered without the taking of testimony or presentation

of evidence.

(3) A pharmacist, pharmacy technician, licensee, or permit holder whose license has

been suspended, limited, restricted, or revoked pursuant to this section shall at

reasonable interv als be afforded an opportunity, pursuant to KRS 315.121(4), to

demonstrate that he can resume the competent practice of pharmacy with reasonable

skill and safety to patients.