Section 315 - Investigation and examination.

§ 1A-315. Investigation and examination.
 

(a)  Board may direct examination.- While investigating an allegation against a licensee under this title, the Board may require the licensee to submit to an appropriate examination by a health care provider designated by the Board if the Board has reason to believe that the licensee may cause harm to a person. 

(b)  Consent and waiver.- In return for the privilege given to a licensee to practice acupuncture in the 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 of privilege as to the testimony or report of a health care provider who examines the licensee. 

(c)  Failure or refusal to submit.- The failure or refusal of the licensee to submit to an examination required under this section is prima facie evidence of the licensee's inability to practice acupuncture competently, unless the Board finds that the failure or refusal was beyond the control of the licensee. 

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

[1999, ch. 114.]