16-319.

(A) AN ACTION MAY BE MAINTAINED IN THE NAME OF THE STATE OR THE
BOARD TO ENJOIN:

(1) THE UNAUTHORIZED PRACTICE OF PODIATRY; OR

(2) CONDUCT THAT IS A GROUND FOR DISCIPLINARY ACTION UNDER §
16-312 OF THIS SUBTITLE.

(B) AN ACTION UNDER THIS SECTION MAY BE BROUGHT BY:

(1) THE BOARD, IN ITS OWN NAME;

(2) THE ATTORNEY GENERAL, IN THE NAME OF THE STATE; OR

(3) A STATE'S ATTORNEY, IN THE NAME OF THE STATE.

(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 PODIATRY
UNDER § 16-501 OF THIS TITLE.

16-320.

(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
PODIATRY 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 PODIATRY COMPETENTLY, UNLESS THE BOARD
FINDS THAT THE FAILURE OR REFUSAL WAS BEYOND THE CONTROL OF THE
LICENSEE.