Section 11-206 - Power to require physical or mental examination of licensee. - Maryland Statutes

§ 11-206. Power to require physical or mental examination of licensee.
 

(a)  Request for examination by Board.- 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. 

(b)  Consent to examination.- 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. 

(c)  Consequences of failure or refusal to submit to examination.- 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. 

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

(e)  Evidence presented by licensee.- 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. 
 

[1982, ch. 350; 1990, ch. 6, § 11; 1992, ch. 22, § 1.]