3138

LAWS OF MARYLAND

[Ch. 700

SHALL BE AFFORDED AN OPPORTUNITY AT REASONABLE INTERVALS
TO DEMONSTRATE THAT HE CAN RESUME THE COMPETENT PRACTICE
OF MEDICINE IN COMPLIANCE WITH STANDARDS OF ACCEPTABLE
AND PREVAILING MEDICAL PRACTICE. A PHYSICIAN WHO ACCEPTS
THE PRIVILEGE OF PRACTICING MEDICINE IN THIS STATE AND IS
LICENSED TO PRACTICE MEDICINE IN THIS STATE IS DEEMED TO
HAVE GIVEN HIS CONSENT TO SUBMIT TO THE EXAMINATION
PROVIDED REQUESTED FOR IN THIS SUBSECTION WHEN REQUESTED
IN WRITING BY THE COMMISSION, AND TO HAVE WAIVED ALL
OBJECTIONS TO THE ADMISSIBILITY OF THE TESTIMONY OR
EXAMINATION REPORTS OF THE EXAMINING DOCTOR OF MEDICINE
ON THE GROUND THAT THE TESTIMONY OR REPORTS CONSTITUTE A
PRIVILEGED COMMUNICATION.]]

(3) THE INVESTIGATING BODY AS PROVIDED IN
PARAGRAPHS 1 AND 2 OF THIS, SUBSECTION MAY REQUEST A
PHYSICIAN TO SUBMIT TO AN APPROPRIATE EXAMINATION BY A
PHYSICIAN APPROVED BY THE COMMISSION. THE EXPENSE OF THE
EXAMINATION SHALL BE BORNE BY THE COMMISSION. A
PHYSICIAN WHO ACCEPTS THE PRIVILEGE OF PRACTICING
MEDICINE IN THIS STATE AND IS DULY LICENSED TO PRACTICE
MEDICINE IS DEEMED TO HAVE GIVEN BIS CONSENT TO SUBMIT TO
AN EXAMINATION WHEW REQUESTED IN WRITING BY THE
COMMISSION. AND TO HAVE WAIVED ALL OBJECTIONS TO THE
ADMISSIBILITY OF THE TESTIMONY OR EXAMINATION REPORTS OF
THE EXAMINING PHYSICIAN OR PHYSICIANS ON THE GROUND THAT
THE TESTIMONY OR REPORTS CONSTITUTE A PRIVILEGED
COMMUNICATION. IF A PHYSICIAN FAILS OR REFUSES TO SUBMIT
TO AN EXAMINATION UNDER CIRCUMSTANCES WHICH THE
COMMISSION FINDS ARE NOT BEYOND HIS CONTROL, THE FAILURE
OR REFUSAL IS PRIMA FACIE EVIDENCE OF HIS INABILITY TO
PRACTICE MEDICINE COMPETENTLY AND IN COMPLIANCE WITH
STANDARDS OF ACCEPTABLE AND PREVAILING MEDICAL PRACTICE
AT ANY HEARING BEFORE THE COMMISSION UPON CHARGES MADE
AGAINST THE PHYSICIAN UNDER THIS SECTION.

(h) When the Commission has completed its
investigation according to the process outlined herein,
it may reprimand a physician or place him on probation,
revoke or suspend his license, or dismiss the charges
against the physician for any of the causes listed below
as unprofessional conduct:

(1)    Fraudulent or deceptive procuring or use
of a license.

(2)     Solicitation or advertising contrary to
§ 129 of this article.

(3)    The performance of an abortion outside a
licensed hospital.

(4) Conviction of a crime involving moral
turpitude.