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§ 11-206. Physical or mental examinations

West's Annotated Code of MarylandHealth Occupations

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 11. Optometrists (Refs & Annos)
Subtitle 2. State Board of Examiners in Optometry (Refs & Annos)
MD Code, Health Occupations, § 11-206
§ 11-206. Physical or mental examinations
Currentness
In general
(a) In connection with any investigation of charges under § 11-313 of this title, the Board may request the licensee to submit to an appropriate physical or mental examination by a licensed physician designated by the Board.
Consent to examination
(b) In return for the privilege given to a licensee to practice optometry in this 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 or privilege as to the testimony or examination reports of the examining physician.
Failure to submit to examination
(c) At any disciplinary hearing before the Board, the failure or refusal of the licensee to submit to an examination under this section is prima facie evidence of the licensee's inability to practice optometry competently, unless the Board finds that the failure or refusal is beyond the control of the licensee.
Costs of examination
(d) The Board shall pay the costs of any examination made under this section.
Other evidence of mental or physical health
(e) Notwithstanding any provisions of this section, a licensee may present evidence to the Board of mental or physical health that conflicts or is different from that presented as a result of an examination under this section.

Credits

Added as Health Occupations § 10-205.1 by Acts 1982, c. 350, § 1, eff. July 1, 1982. Renumbered as Health Occupations § 11-206 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1992, c. 22, § 1, eff. April 7, 1992.
MD Code, Health Occupations, § 11-206, MD HEALTH OCCUP § 11-206
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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