§ 18-314. Psychological or physical examination

   (a) Direction to licensee to submit to examination. -- If, in investigating an allegation brought against a licensee under this title, the Board has reason to believe that the licensee may cause harm to persons affected by the licensee's practice of psychology, the Board, on its own initiative, may direct the licensee to submit to an appropriate examination by a psychologist or physician designated by the Board.

(b) Consent; waiver of privileges. -- In return for the privilege given to a licensee to practice psychology in the State, the licensee 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 of the examining psychologist or physician.

(c) Failure or refusal to comply. -- The failure or refusal of the licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the licensee's inability to practice psychology competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.

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

HISTORY: 1988, ch. 764; 1990, ch. 6, § 11; 1999, ch. 112.