HEALTH 1905

An. Code, 1924, sec. 325. 1912, sec. 266. 1914, ch. 652, sec. 15. 1922, ch. 231, sec. 266.

367. Any person who shall violate any of the preceding provisions of
this sub-title shall be deemed guilty of a misdemeanor, and upon conviction
shall be fined not less than twenty-five dollars nor more than one hundred
dollars, or imprisoned not more than thirty days, or both fined and im-
prisoned, and his license may be revoked in the discretion of the court.

An. Code, 1924, sec. 326. 1912, sec. 267. 1914, ch. 652, sec. 16. 1927, ch. 535, sec. 326.

368. Any person holding a license under this sub-title who shall attach
to his name or use the title M. D., Surgeon, Doctor, Physician, Eye
Specialist, Eye-Sight Specialist, Oculist, Ophthalmologist, Doctor of Oph-
thalmology, Doctor of Optometry, Doctor of Optics, or any title containing
the word Doctor or the abbreviation Dr., or any word or abbreviation that
will or can convey the impression that he is engaged in the treatment of
diseases or injuries of the human eye, or make use of drugs, medicine or
surgery, in the practice of Optometry, shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined not more than two hundred dollars, or
imprisoned not more than three months, or both fined and imprisoned, and
his license may be revoked, in the discretion of the Court; provided, how-
ever, that any person who holds a standard examination certificate issued
by the Maryland State Board of Examiners in Optometry to practice Op-
tometry in the State of Maryland and who has received a degree from a
legally chartered college having the authority to give the degree of "Doctor
of Optics" or "Doctor of Optometry" may use the title Doctor of Optics or
Doctor of Optometry in connection with his name.

The practice of Optometry is not a learned profession in the historical meaning of
the term, but a mechanical art, and the purpose of the statute is to protect the public
against injury—not to protect the calling itself. Dvorine v. Castelberg Corp., 170 Md.
661; Barrenburg v. Greene (Judge Smith, Circuit Court of Baltimore City), Daily
Record, Nov. 22, 1939.

An. Code, 1924, sec. 327. 1912, sec. 268. 1914, ch. 652, sec. 17.

369. The provisions of this sub-title shall not apply nor be construed
to apply to persons who sell Spectacles, Eye-Glasses or Lenses as merchan-
dise, or to Opticians who furnish glasses on an order from an Oculist, or
to physicians and surgeons who are authorized to practice in this State, or
to dealers in Spectacles, Eye-Glasses or Lenses who neither practice nor
profess to practice Optometry as defined in this sub-title.

1927, ch. 535, sec. 328.

370. Any optometrist practicing Optometry in the State of Maryland
must use the word Optometrist and the word Optometrist only, in connec-
tion with his name wherever said name appears except as provided for in
Section 369.

Cited in Dvorine v. Castelberg Corp., 170 Md. 671.

1931, ch. 117.

371. If any clause, sentence, paragraph or section of this sub-title
shall, for any reason, be adjudged by any court of competent jurisdiction
to be unconstitutional or invalid, such adjudication shall not affect or im-
pair or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph or section thereof so found uncon-
stitutional or invalid. If any clause, sentence, paragraph or section of