2013 Maryland Code
HEALTH OCCUPATIONS
§ 2-205 - Miscellaneous powers and duties

§2-205.

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:

(1) To adopt rules and regulations to carry out the provisions of this title;

(2) To adopt and publish codes of ethics for the practices of audiology, hearing aid dispensing, and speech-language pathology, and the assistance in the practice of speech-language pathology;

(3) To adopt an official seal;

(4) To hold hearings and keep records and minutes necessary for the orderly conduct of business;

(5) To issue a list annually of the names of all individuals licensed by the Board;

(6) To send any notice that the Board is required to give to a licensee under this title to the last known address given to the Board by the licensee; and

(7) To adopt regulations governing the use of telehealth communications by audiologists, hearing aid dispensers, and speech-language pathologists.

§ 2-205 - 1. Licensee examinations during investigations

(a) Authorized. -- 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 affected by the licensee's practice of audiology, hearing aid dispensing, or speech-language pathology, or assistance in the practice of speech-language pathology.

(b) Implied consent and waiver of claim of privilege. -- In return for the privilege given to a licensee to practice audiology, hearing aid dispensing, or speech-language pathology, or assist in the practice of speech-language pathology 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 reports of a health care provider who examines the licensee.

(c) Failure or refusal to submit to examination. -- The failure or refusal of the licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the licensee's inability to practice audiology, hearing aid dispensing, or speech-language pathology, or assist in the practice of speech-language pathology 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.