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§ 14-402. Board-required examinations, generally

West's Annotated Code of MarylandHealth OccupationsEffective: May 8, 2020

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 14. Physicians (Refs & Annos)
Subtitle 4. Disciplinary Actions (Refs & Annos)
Effective: May 8, 2020
MD Code, Health Occupations, § 14-402
§ 14-402. Board-required examinations, generally
In general
(a) In reviewing an application for licensure 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 or a disciplinary panel 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.
Consent to examination
(b) 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.
Failure to submit to examination
(c) The unreasonable failure or refusal of the licensed individual to submit to an examination is prima facie evidence of the licensed individual's inability to practice medicine or the respective discipline competently, unless the Board or disciplinary panel finds that the failure or refusal was beyond the control of the licensed individual.
Costs
(d) The Board shall pay the costs of any examination made under this section.
Physician Rehabilitation Program members
(e)(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.
Audits
(f) The Physician Rehabilitation Program is subject to audit by the Legislative Auditor as provided in § 2-1220 of the State Government Article.

Credits

Added as Health Occupations § 14-502 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1988, c. 109, § 1, eff. July 1, 1987. Renumbered as Health Occupations § 14-402 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1990, c. 237, § 1, eff. July 1, 1990; Acts 1991, c. 55, § 1, eff. April 9, 1991; Acts 1991, c. 502, § 1, eff. July 1, 1991; Acts 1992, c. 271, § 1, eff. Oct. 1, 1992; Acts 1993, c. 627, § 2, eff. July 1, 1993; Acts 1993, c. 629, § 1, eff. June 1, 1993; Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 1998, c. 547, § 1, eff. Oct. 1, 1998; Acts 2001, c. 478, § 1, eff. Oct. 1, 2001; Acts 2001, c. 479, § 1, eff. Oct. 1, 2001; Acts 2003, c. 252, § 1, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2007, c. 539, § 1, eff. June 1, 2007; Acts 2016, c. 49, § 1, eff. July 1, 2016; Acts 2020, c. 612, § 1, eff. May 8, 2020; Acts 2020, c. 613, § 1, eff. May 8, 2020.
Formerly Art. 43, § 130.
MD Code, Health Occupations, § 14-402, MD HEALTH OCCUP § 14-402
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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