(a) In reviewing an application for licensure of a veterinarian or in investigating any matter brought against a veterinary practitioner, the Board may direct the applicant, veterinarian, or veterinary practitioner to submit to a mental or physical examination when the Board has reasonable evidence indicating the inability of that individual to practice veterinary medicine competently.
(b) In return for the privilege given by the State in issuing a license or registration, the applicant, veterinarian, or veterinary practitioner is deemed to have:
(1) Consented to submit to an examination under this section if directed by the Board in writing; and
(2) Waived any claim of privilege as to the examination report or testimony regarding the report.
(c) The report or testimony of an examining physician or other person designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.
(d) The unreasonable failure or refusal of an applicant, a veterinarian, or a veterinary practitioner to submit to an examination is prima facie evidence of the applicant’s, veterinarian’s, or veterinary practitioner’s inability to practice veterinary medicine competently unless the Board finds that the failure or refusal was beyond the control of the applicant, veterinarian, or veterinary practitioner.
(e) The Board shall pay the reasonable cost of any examination made under this section.
Structure Maryland Statutes
Title 2 - Department of Agriculture
Subtitle 3 - State Board of Veterinary Medical Examiners
Section 2-302 - State Board of Veterinary Medical Examiners
Section 2-302.1 - Veterinary Review Committee
Section 2-303 - Establishment of Fund; Fees; Disposition of Funds Collected
Section 2-304 - Powers and Duties of Board Generally
Section 2-304.1 - Veterinary Hospital License
Section 2-305 - License to Administer Drugs by Animal Control Facility
Section 2-306 - Regulation of Veterinary Education
Section 2-307 - Examinations; Issuance of License
Section 2-307.1 - Mental or Physical Examination
Section 2-308 - Registration of Licensee
Section 2-309 - Registration of Veterinary Technicians
Section 2-310.1 - Penalties in Lieu of or in Addition to Suspension or Revocation
Section 2-311 - Procedure for Suspension or Revocation of License
Section 2-312 - Issuance of License After Revocation
Section 2-313 - Prohibited Acts
Section 2-313.1 - Reporting Animal Cruelty or Fighting
Section 2-313.2 - Cease and Desist Orders -- Civil Penalties
Section 2-314 - Liability for Civil Damages of Veterinarian or Others Rendering Aid in Emergency
Section 2-315 - Injunctive Relief
Section 2-316 - Termination of Subtitle Provisions and Regulations