40                                Laws of Maryland                         [Ch. 29

shall be competent [and] but not compellable to testify at such hear-
ing, and upon such hearing the Court shall render judgment [with
costs against the unsuccessful party. And if it shall determine that
said defendant was not practicing medicine in the State of Maryland
on or before the date of June 1, 1892, not being a lawful practitioner
of medicine in said State, on or before said date, it], and where proper
shall pass an order directing the name of said defendant to be stricken
from the registry of physicians or surgeons, or both, which order
shall be certified [by] to the Clerk of the Court wherein said de-
fendant was registered, and he shall thereupon strike [his] such name
from said registry and notify the Board of Medical Examiners of
such action. [But the] The decision upon such petition shall [have
no force and effect in] not be a bar to any criminal prosecution under
this sub-title.

138. Any person shall be regarded as practicing medicine within
the meaning of this sub-title who shall append to his or her name the
words or letters "Dr.," "Doctor," "M. D.," or any other title in con-
nection with his name, with the intent thereby to imply that he or
she is engaged in the art or science of healing, or in the practice of
medicine in any of its branches [, or who shall operate on, profess
to heal, prescribe for, or otherwise treat]. Any person who practices
medicine or the art or science of healing shall be considered as a
practitioner of medicine or surgery. As used herein the phrase "art
or science of healing" and the phrase "practice of medicine" shall be
construed to include: Operating on, professing to heal, prescribing for
or otherwise diagnosing or treating 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, undertaking by [any] appliance, operation
or treatment of whatever nature, to cure, heal, diagnose 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] undertaking
to treat, heal, cure, drive away or remove any physical or mental
ailment, or supposed ailment of another, by mental or other process,
exercised or invoked on the part of either the [healer] medical
practitioner 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 INTERNS or students at hos-
pitals 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 sur-
geons of the United States Army, or Navy, or [insane hospital serv-
ice,] United States Public Service Hospitals and Veterans Admin-
istration Hospitals, or opticians or ehiropodists, or to midwives, or
to masseurs, or other manual manipulators who use no other means ;
nor shall the HOSPITALS, OR TO OPTICIANS OR MASSEURS,
OR OTHER MANUAL MANIPULATORS WHO USE NO OTHER
MEANS, OR TO THE FOLLOWING WHICH ARE PROVIDED
FOR IN OTHER SECTIONS OF THIS ARTICLE HEREINAFTER
INDICATED: MIDWIVES, SECTIONS 81-93; OPTOMETRISTS,
SECTIONS 346-364; OSTEOPATHS, SECTIONS 428-441; CHI-
ROPODISTS, SECTIONS 442-455; CHIROPRACTORS, SECTIONS
460-475; PHYSICAL THERAPISTS, SECTIONS 565-575; NOR