Home Table of Contents

§ 17-513.1. Mental health or physical examination upon finding that applicant, licensee, certif...

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2015

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 17. Professional Counselors and Therapists (Refs & Annos)
Subtitle 5. General Provisions (Refs & Annos)
Effective: October 1, 2015
MD Code, Health Occupations, § 17-513.1
§ 17-513.1. Mental health or physical examination upon finding that applicant, licensee, certificate holder, or trainee may cause harm to a person
In general
(a) If, while reviewing an application for licensure, certification, or trainee status, or investigating an allegation against a licensee, certificate holder, or trainee under this title, the Board finds reasonable evidence indicating that the applicant, licensee, certificate holder, or trainee may cause harm to a person, the Board shall require the applicant, licensee, certificate holder, or trainee to submit to a mental health or physical examination by a health care practitioner, as defined in § 1-301 of this article, designated by the Board.
Deemed consent and waivers
(b)(1) In return for the privilege to practice counseling and therapy in the State, an applicant, a licensee, or a certificate holder is deemed to have:
(i) Consented to submit to an examination under this section, if requested by the Board in writing; and
(ii) Waived any claim of privilege as to the testimony or report of a health care practitioner who examines the applicant, licensee, or certificate holder.
(2) In return for the privilege to practice clinical alcohol and drug counseling in the State without a license or certification in accordance with § 17-406 of this title, a trainee is deemed to have:
(i) Consented to submit to an examination under this section, if requested by the Board in writing; and
(ii) Waived any claim of privilege as to the testimony or report of a health care practitioner who examines the trainee.
Confidentiality of report or testimony
(c) A report or testimony regarding a report of a health care practitioner designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.
Failure or refusal to submit to examination
(d) The failure or refusal of an applicant, a licensee, a certificate holder, or a trainee to submit to an examination required under this section is prima facie evidence of the applicant's, licensee's, certificate holder's, or trainee's inability to practice competently, unless the Board finds that the failure or refusal was beyond the control of the applicant, licensee, certificate holder, or trainee.
Payment of costs by Board
(e) The Board shall pay the reasonable cost of any examination required of a licensee, certificate holder, or trainee under this section.
Payment of costs by applicant
(f) An applicant shall pay the reasonable cost of any examination required of the applicant under this section.

Credits

Added by Acts 2015, c. 457, § 1, eff. Oct. 1, 2015.
MD Code, Health Occupations, § 17-513.1, MD HEALTH OCCUP § 17-513.1
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document