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Session Laws, 1957
Volume 640, Page 39   View pdf image (33K)
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Theodore R. McKeldin, Governor                     39

statement contained in his application to the Clerk of the court, as
required by this sub-title, or by presenting to said Clerk a false or
untrue license, or one fraudulently obtained by false and fraudulent
statements made to [one of said boards] the Board of Medical Ex-
aminers, he or she shall be deemed guilty of a misdemeanor, and shall
be fined not less than [Fifty] One Hundred Dollars nor more than
[Five Hundred] One Thousand Dollars, or be sentenced to confine-
ment in the House of Correction for not less than one nor more
than three years, or both,
and shall forfeit all rights, privileges and
immunities obtained or conferred upon him by virtue of such registra-
tion as physician or surgeon.

137. [Any] The Attorney General, or the States' Attorney of any
county, or the City of Baltimore, on his own initiative or on the com-
plaint of any
citizen of Maryland having information which causes
him to believe that any person has been [heretofore] wrongfully and
improperly registered as physician or surgeon, or both, upon [his]
application to the Clerk of any court may apply, by petition, to the
Circuit Court of the county wherein such registration was made, or
to the [city court of] Baltimore City Court, if such registration was
in Baltimore City [, which] for an order to strike the name of such
person from the registry of physicians or surgeons. The
petition shall
be under oath, and shall state that the petitioner is informed and
believes that the person named therein has been [heretofore] improp-
erly and wrongfully registered as physician or surgeon, or both,
[upon his own application and affidavit upon the register of physi-
cians or book kept for such purposes in any court of this State,
for the reason (as said petitioner is empowered)] that such person
[was not lawfully practicing medicine] is wrongfully and improperly
registered
in the State of Maryland as a duly qualified practitioner
of medicine [in said State entitled to be registered as a physician or
surgeon upon his own application to the clerk of said court], stating
in brief the reasons therefor;
and that said petitioner prays that the
name of such person shall be [struck] stricken from the registry
of physicians aforesaid. Upon the filing of such petition the Court
or one of the Judges thereof shall pass an order requiring the person
therein alleged to be wrongfully or improperly registered to answer
the same, under oath, on or before a date to be named within thirty
days from the date of such order, and to show cause, if any there be,
why the prayer of such petition should not be granted, which order
shall be served upon said last named person [; and if], if within the
State, or, if without the State, by publication as provided in Section
160 of Article 16 of this Code respecting equity causes. If
said
petition shall not be answered within the time named, as aforesaid,
[or if the answer thereto shall be adjudged insufficient by the court,]
then the Court shall proceed, to hear said cause as on default and, if
the facts alleged in said petition are proved, said Court shall
pass an
order directing that the name of such person alleged to be wrong-
fully or improperly registered [shall] be stricken from the registry
of physicians or surgeons where the same shall have been registered;
but if said petition shall be answered by the defendant, being the
person against whom it is exhibited, by an answer under oath, fairly
and fully denying the allegations of said petition, the issues thus
raised shall be heard and determined by the Court, and either party
may be entitled to a jury trial before a jury of the regular panel
empanelled to try common law cases in said Court; and the defendant

 

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Session Laws, 1957
Volume 640, Page 39   View pdf image (33K)
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