1314                               Laws of Maryland                        [Ch. 420

129A.

(a) No person, firm, partnership, association or corporation, or
agent or employee thereof, shall engage in OR ADVERTISE any
ABORTION REFERRAL business or service for profit, which in
whole or in part includes the referral or recommendation of persons
to a physician, hospital, health related facility, or dispensary, for any
form of medical care or treatment of any ailment or physical condi-
tion. AN ABORTION. The imposition of a fee or charge for any such
referral or recommendation shall create a presumption that the busi-

ness or service is engaged in for profit.

(b)  No physician, hospital, health related facility or dispensary
shall enter into a contract or other form of agreement to accept
for medical care or treatment AN ABORTION any person referred
or recommended for such care or treatment by WITH a medical
referral service business located in or doing business in another state
if the medical referral service business would be prohibited under
this section if the business were located in or doing business in this
state.

(c)  A violation of the provisions of this section shall constitute
a misdemeanor and upon conviction thereof may be punished by

imprisonment for not longer than one year or a fine of not more
than five thousand dollars. or by both such fine and imprisonment.

       (d) Whenever there shall be a violation of this section, an appli-

cation also may be made by the Attorney General in the name of

the State of Maryland to a court having jurisdiction to issue an

injunction, and upon notice to the defendant of not less than five

days, to enjoin and restrain the continuance of such violation; and

if it shall appear to the satisfaction of the court that the defendant

has, in fact, violated this section an injunction may be issued by

such court enjoining and restraining any further violation, without

requiring proof that any person has, in fact, been injured or damaged

thereby. In connection with any such proposed application, the

Attorney General is authorized to take proof and make a deter-

mination of the relevant facts and to issue subpoenas.

(e) (D) The provisions of this article SECTION shall not apply
to any individual, agency, association or corporation not organized
or incorporated for pecuniary profit or financial gain or to any
organization or association which is exempt from taxation pursuant
to Section 501 (c) of Title 26 of the United States Code, constituting
the Internal Revenue Code of 1954, as amended.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved May 26, 1972.

CHAPTER 420
(Senate Bill 506)

AN ACT to repeal and re-enact with amendments, Subtitle 21-16
of the Code of Public Local Laws of Baltimore City (1969 Edi-