(a) If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of nursing, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board.
(b) In return for the privilege to practice nursing in the State, the applicant or 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 examination reports of the examining health care professional.
(c) The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice nursing 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.