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PARRIS N. GLENDENING, Governor Ch. 554
19-316.
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(a) An action may be maintained in the name of the State or the Board to
enjoin:
(1) The unauthorized practice of social work; or
(2) Conduct that is a ground for disciplinary action under § 19-311 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 unauthorized practice of social work under § 19-401 of this title or
disciplinary action under § 19-311 of this subtitle.
19-317.
(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 social work 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 social
work 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.
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- 2931 -
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