§ 59-161.13. Suspension of license because of mental illness.

A.  The Board of Chiropractic Examiners is authorized, after notice and opportunity for a hearing, pursuant to Article II of the Administrative Procedures Act, to issue an order suspending the original license or renewal license, or both, of a chiropractic physician whenever the Board finds, by clear and convincing evidence, that the chiropractic physician has become incompetent to practice chiropractic because of mental illness.  Commitment of a chiropractic physician to an institution for the mentally ill shall be considered prima facie evidence of his incompetency to practice chiropractic because of mental illness.

B.  Any chiropractic physician who has his original license or renewal license, or both, suspended under the provisions of this section shall have the right to seek a judicial review of the order pursuant to Article II of the Administrative Procedures Act.

C.  The Board, on its own motion or on the application of a chiropractic physician whose original license or renewal license, or both, have been suspended under the provisions of this section, is authorized, on proper showing that the chiropractic physician's competency to practice chiropractic has been restored, to reinstate  the license or licenses at any time; provided, however, reinstatement shall not be made while the chiropractic physician is confined in an institution for the mentally ill.  No reinstatement fee shall be charged by the Board for the reinstatement of any license which has been suspended under the provisions of this section.

Added by Laws 1953, p. 261, § 1, emerg. eff. Feb. 25, 1953.  Amended by Laws 1991, c. 265, § 13, eff. Oct. 1, 1991.  Renumbered from § 167 of this title by Laws 1991, c. 265, § 22, eff. Oct. 1, 1991.  Amended by Laws 1997, c. 90, § 2, eff. Nov. 1, 1997.