§ 14-402. Examination of licensed physician or other regulated health professional; Physician Rehabilitation Program

   (a) In general. -- In reviewing an application for licensure, certification, or registration or in investigating an allegation brought against a licensed physician or any allied health professional regulated by the Board under this title, the Physician Rehabilitation Program may request the Board to direct, or the Board on its own initiative may direct, the licensed physician or any allied health professional regulated by the Board under this title to submit to an appropriate examination.

(b) Implied consent to examination. -- In return for the privilege given by the State issuing a license, certification, or registration, the licensed, certified, or registered individual is deemed to have:

   (1) Consented to submit to an examination under this section, if requested by the Board in writing; and

   (2) Waived any claim of privilege as to the testimony or examination reports.

(c) Failure to submit to examination. -- The unreasonable failure or refusal of the licensed, certified, or registered individual to submit to an examination is prima facie evidence of the licensed, certified, or registered individual's inability to practice medicine or the respective discipline competently, unless the Board finds that the failure or refusal was beyond the control of the licensed, certified, or registered individual.

(d) Cost of examination. -- The Board shall pay the costs of any examination made under this section.

(e) Physician Rehabilitation Program -- In general. --

   (1) The Board or the entity or entities with which the Board contracts shall appoint the members of the Physician Rehabilitation Program.

   (2) The chair of the Board shall appoint one member of the Board to serve as a liaison to the Physician Rehabilitation Program.

(f) Physician Rehabilitation Program -- Audits. -- The Legislative Auditor shall every 2 years audit the accounts and transactions of the Physician Rehabilitation Program as provided in § 2-1220 of the State Government Article.

HISTORY: An. Code 1957, art. 43, § 130; 1981, ch. 8, § 2; 1988, ch. 109, § 1; 1990, ch. 6, § 11; ch. 237, § 1; 1991, ch. 55, § 1; ch. 502; 1992, ch. 271, § 1; 1993, ch. 627, § 2; ch. 629; 1997, ch. 635, § 9; ch. 636, § 9; 1998, ch. 547; 2001, chs. 478, 479; 2003, ch. 252; 2004, ch. 25; 2007, ch. 539.