Maryland Health Occupations Section 14-402

      (a)      In reviewing an application for licensure, certification, or registration or in investigating an allegation brought against a licensed physician or any allied health professional regulated by the Board under this title, the Physician Rehabilitation Committee may request the Board to direct, or the Board on its own initiative may direct, the licensed physician or any allied health professional regulated by the Board under this title to submit to an appropriate examination.

      (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)      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.

      (c)      The unreasonable failure or refusal of the licensed, certified, or registered individual to submit to an examination is prima facie evidence of the licensed, certified, or registered individual's inability to practice medicine or the respective discipline competently, unless the Board finds that the failure or refusal was beyond the control of the licensed, certified, or registered individual.

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

      (e)      (1)      The Board shall assess each applicant for a license to practice medicine or for renewal of a license to practice medicine a fee of not more than $50 to be set after the submission of a budget for the physician rehabilitation program and peer review activities.

            (2)      The fee is to be used to fund the physician rehabilitation program and peer review activities.

            (3)      The Board shall set a fee under this subsection in accordance with the budget submitted by the entity or entities with which the Board contracts.

      (f)      (1)      The entity or entities with which the Board contracts shall appoint the members of the Physician Rehabilitation Committee.

            (2)      The chairman of the Board shall appoint one member of the Board to serve as a liaison to the Physician Rehabilitation Committee.

      (g)      The Legislative Auditor shall every 2 years audit the accounts and transactions of the Physician Rehabilitation Committee as provided in § 2-1220 of the State Government Article.