(C) AN ACTION UNDER THIS SECTION SHALL BE BROUGHT IN THE COUNTY
WHERE THE DEFENDANT:

(1) RESIDES; OR

(2) ENGAGES IN THE ACT SOUGHT TO BE ENJOINED.

(D) PROOF OF ACTUAL DAMAGE OR THAT ANY PERSON WILL SUSTAIN ANY
DAMAGE IF AN INJUNCTION IS NOT GRANTED IS NOT REQUIRED FOR AN ACTION
UNDER THIS SECTION.

(E) AN ACTION UNDER THIS SECTION IS IN ADDITION TO AND NOT INSTEAD
OF CRIMINAL PROSECUTION FOR THE UNAUTHORIZED PRACTICE OF ACUPUNCTURE
UNDER § 1A-401 OF THIS TITLE OR DISCIPLINARY ACTION UNDER § 1A-309 OF THIS
SUBTITLE.

1A-315.

(A) 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) 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) 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) THE BOARD SHALL PAY THE COST OF ANY EXAMINATION MADE UNDER
THIS SECTION.

16-312.

(a) Subject to the hearing provisions of § 16-314 of this subtitle, the Board, on
the affirmative vote of a majority of its members then serving, may deny a license or
a limited license to any applicant, reprimand any licensee or holder of a limited
license, impose an administrative monetary penalty not exceeding $5,000 on any
licensee or holder of a limited license, place any licensee or holder of a limited license
on probation, or suspend or revoke a license or a limited license if the applicant,
licensee, or holder: