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§ 2-307.1. Mental or physical examinations

West's Annotated Code of MarylandAgricultureEffective: October 1, 2011

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 3. State Board of Veterinary Medical Examiners (Refs & Annos)
Effective: October 1, 2011
MD Code, Agriculture, § 2-307.1
§ 2-307.1. Mental or physical examinations
In general
(a) In reviewing an application for licensure of a veterinarian or in investigating any matter brought against a veterinary practitioner, the Board may direct the applicant, veterinarian, or veterinary practitioner to submit to a mental or physical examination when the Board has reasonable evidence indicating the inability of that individual to practice veterinary medicine competently.
Consent to examination
(b) In return for the privilege given by the State in issuing a license or registration, the applicant, veterinarian, or veterinary practitioner is deemed to have:
(1) Consented to submit to an examination under this section if directed by the Board in writing; and
(2) Waived any claim of privilege as to the examination report or testimony regarding the report.
Report or testimony confidential
(c) The report or testimony of an examining physician or other person 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 unreasonable failure or refusal of an applicant, a veterinarian, or a veterinary practitioner to submit to an examination is prima facie evidence of the applicant's, veterinarian's, or veterinary practitioner's inability to practice veterinary medicine competently unless the Board finds that the failure or refusal was beyond the control of the applicant, veterinarian, or veterinary practitioner.
Cost of examination
(e) The Board shall pay the reasonable cost of any examination made under this section.

Credits

Added by Acts 2011, c. 185, § 1, eff. Oct. 1, 2011.
MD Code, Agriculture, § 2-307.1, MD AGRIC § 2-307.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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