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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1118   View pdf image (33K)
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1118 HEALTH. [ART. 43

for, or otherwise treat any physical or mental ailment or supposed
mental ailment of another, or who shall for hire or for any gratuity or
compensation, either directly or indirectly to him or her paid, under-
take by any appliance, operation or treatment of whatever nature, to
cure, heal or treat 'any bodily or mental ailment or supposed ailment of
another; or who for any hire, gratuity or compensation, either directly
or indirectly to him or her paid, by or for any patient, shall undertake
to treat, heal, cure, drive away or remove any physical or mental ail-
ment, or supposed ailment of another, by mental or other process, exer-
cised or invoked on the part of either the healer or the patient or both;
but nothing herein contained shall be construed to apply to gratuitous
services, nor to any resident or 'assistant resident physicians or students
at hospitals in the discharge of their hospital or dispensary duties, or
in the office of physicians, or to any physician or surgeon from another
State, territory or district in which he resides when in actual consulta-
tion with a legal practitioner of this State; or to commissioned surgeons
of the United States army, or navy, or insane hospital service, or opti-
cians or chiropodists, or to midwives, or to masseurs, or other manual
manipulators who use no other means; nor shall the provisions of this
sub-title apply to physicians or surgeons residing on the borders of a
neighboring State, and duly authorized under the laws thereof to prac-
tice medicine or surgery therein, whose practice extends into the limits
of this State; provided, that such practitioners shall not open an office
or appoint places to meet their patients or receive calls within the
limits of this State without complying with the provisions of this sub-
title; provided, that the same privileges be accorded to licensed physi
cians of this State; provided, further, that nothing in this sub-title
shall annul any of the provisions of article 32, title "Dentistry," nor
shall apply to any registered graduate of dental surgery now practicing
in the said State of Maryland, with the sign titles: Dentist, surgeon
dentist, dental surgeon or stometelogist; and provided further, that
nothing herein contained shall be so construed as to prevent or in any
way make unlawful or interfere with the sale by manufacturing, whole-
sale or retail druggists, or any persons dealing in drugs or medicines
of any proprietary or patent medicine or any official or standard drug
or medicine.

This section is not unconstitutional as creating an arbitrary classification.
Watson v. State, 105 Md. 657 (affirmed in 218 U. S. 175); Scholle v. State, 90
Md. 739. (Neither case Involved the act of 1908, ch. 120.)

For a case apparently now Inapplicable to this section by reason of changes
in the law, see Manger v. Board of Examiners, 90 Md. 667.

1904, art. 43, sec. 102. 1902, ch. 612, sec. 61 A.

131. It shall be the duty of the police commissioners of Baltimore
city, and of the sheriff of each county in the State, to see that all
practising physicians in the State shall be legally registered according
to the provisions of this sub-title, and to report to the state's attorney
of the city or county all cases of the violation of the provisions of this
sub-title.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1118   View pdf image (33K)
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