<?xml version='1.0' encoding='utf-8'?>
<section article="gho" article_name="Health Occupations" number="11-206" title_number="11" title_name="Optometrists" subtitle_number="2" subtitle_name="State Board of Examiners in Optometry">
  <level label="a">
    <text>In connection with any investigation of charges under § 11-313 of this title, the Board may request the licensee to submit to an appropriate physical or mental examination by a licensed physician designated by the Board.</text>
  </level>
  <level label="b">
    <text>In return for the privilege given to a licensee to practice optometry in this State, the licensee is deemed to have:</text>
    <level label="1">
      <text>Consented to submit to an examination under this section, if requested by the Board in writing; and</text>
    </level>
    <level label="2">
      <text>Waived any claim or privilege as to the testimony or examination reports of the examining physician.</text>
    </level>
  </level>
  <level label="c">
    <text>At any disciplinary hearing before the Board, the failure or refusal of the licensee to submit to an examination under this section is prima facie evidence of the licensee’s inability to practice optometry competently, unless the Board finds that the failure or refusal is beyond the control of the licensee.</text>
  </level>
  <level label="d">
    <text>The Board shall pay the costs of any examination made under this section.</text>
  </level>
  <level label="e">
    <text>Notwithstanding any provisions of this section, a licensee may present evidence to the Board of mental or physical health that conflicts or is different from that presented as a result of an examination under this section.</text>
  </level>
</section>
