Section 12-320 - Investigation and examination. - Maryland Statutes

§ 12-320. Investigation and examination.
 

(a)  Board may direct examination.- In investigating an allegation brought against a licensee or registered pharmacy technician under this title, if the Board has reason to believe that a licensee or registered pharmacy technician may cause harm to a person affected by the licensee's practice or the acts of a registered pharmacy technician, the Board on its own initiative may direct the licensee or registered pharmacy technician to submit to an appropriate examination by a health care provider designated by the Board. 

(b)  Consent and waiver.- In return for the privilege given to a licensee to practice pharmacy or a registered pharmacy technician to perform delegated pharmacy acts in the State, the licensee or registered pharmacy technician 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 of a health care provider. 

(c)  Refusal to submit to examination.- The failure or refusal of a licensee or registered pharmacy technician to submit to an examination required under this section is prima facie evidence of the licensee's inability to practice pharmacy competently or the registered pharmacy technician's inability to perform delegated pharmacy acts, unless the Board finds that the failure or refusal was beyond the control of the licensee or registered pharmacy technician. 

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

[1997, ch. 615; 2006, ch. 523, § 3.]