Ch. 568                             MARVIN MANDEL, Governor                                1211

shall be considered for the purpose of this subheading as residents of this State.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.

CHAPTER 568
(House Bill 783)

AN ACT to repeal and re-enact, with amendments, Section 34(a) of Article 43 of
the Annotated Code of Maryland (1971 Replacement Volume), title "Health,"
subtitle "Miscellaneous Provisions," requiring certain physicians to demonstrate
satisfactory performance in certain laboratory procedures , providing for
establishment by the State Department of Health and Mental Hygiene of
standards and criteria relating to proficiency programs, authorizing service fees
in connection with established proficiency programs, providing for procedures to
be followed and certain information to be filed under certain circumstances, and
clarifying certain language.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That Section 34(a) of Article 43 of the Annotated Code of
Maryland (1971 Replacement Volume), title "Health," subtitle "Miscellaneous
Provisions," be and it is hereby repealed and re-enacted, with amendments, and to
read as follows:

34.

(a) The State Board of Health and Mental Hygiene shall establish such
minimum standards and qualifications for any laboratories and tissue banks in the
counties of the State and in Baltimore City, which make examinations in
connection with the diagnosis and control of human diseases or which procures,
processes, distributes, or sells human tissue as it may consider necessary to assure
to the citizens of the State these safe and reliable laboratory or health services, and
shall adopt and promulgate rules and regulations for this purpose. Any person,
partnership, association, or corporation desiring to open or maintain such a
laboratory or tissue bank , except a physician performing laboratory examinations
on his own patients , shall file with the Board an application setting forth the name
of the owner, the types of laboratory or health services to be performed, and such
other information as the Board may require; [[PROVIDED THAT SUCH
PHYSICIAN SHALL NEVERTHELESS BE REQUIRED TO
DEMONSTRATE SATISFACTORY PERFORMANCE IN A PROFICIENCY
TESTING PROGRAM IN LABORATORY PROCEDURES WHICH SUCH
LABORATORY PERFORMS;]] the Board shall cause an inspection to be made
and, if in compliance with minimum requirements, it shall issue a permit to
operate. The Board shall conduct periodic inspections to assure continuing
compliance. No person, partnership, association or corporation shall operate such
a laboratory or tissue bank without such a permit; the Board is authorized and
empowered to refuse to issue, to suspend or to revoke a permit to operate, if, after
inspection and due notice, a laboratory or tissue bank fails to comply with
minimum standards or qualifications or with the provisions of any rules or
regulations regularly adopted by the Board. No person, partnership, association or
corporation shall represent or service or maintain in this State any office,
representative or other facilities for the representation or servicing of any