1. (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 or Title 15 of this article, the 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 or Title 15 of this article to submit to an appropriate examination.

2. (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. (1) Consented to submit to an examination under this section, if requested by the Board in writing; and
   2. (2) Waived any claim of privilege as to the testimony or examination reports.
3. (c) The unreasonable failure or refusal of the applicant or licensee to submit to an examination is prima facie evidence of the applicant's or licensee'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 applicant or licensee.

4. (d) The Board shall pay the costs of any examination made under this section for:

   1. (1) A licensee; or
   2. (2) An applicant who was not previously licensed by the Board.
5. (e) An applicant for reinstatement shall pay the cost of any examination directed by the Board under this section.
6. (f) The Rehabilitation Program is subject to audit by the Legislative Auditor as provided in § 2-1220 of the State Government Article.

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; Acts 2025, c. 675, § 1, eff. Oct. 1, 2025; Acts 2025, c. 676, § 1, eff. Oct. 1, 2025.

Formerly Art. 43, § 130.