MARVIN MANDEL, Governor

3137

appropriate.

BY repealing and re—enacting, with amendments,

Article 43 - Health

Section 130(g) and 130(h)

Annotated Code of Maryland

(1971 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 130(g) and 130(h) of Article 43 -
Health, of the Annotated Code of Maryland (1971
Replacement Volume and 1974 Supplement) be and they are
hereby repealed and re—enacted, with amendments, to read
as follows:

Article 43 - Health

130,

(g) (1) The Commission shall refer any cases
coming to its attention to the appropriate local county
society or committee of the Medical and Chirurgical
Faculty of the State of Maryland, for investigation and
report. The report shall be acted upon within 90 days
unless there is a time extension granted by the
Commission. The report shall contain recommendations
the investigation reveals may be necessary for adequate
disciplinary procedures. The recommendations shall then
be considered by the Commission, which shall take
whatever action it deems appropriate, as provided herein.
All investigations, reports, and recommendations shall be
considered confidential until such time as a final action
is taken by the Commission.

(2) The Medical and Chirurgical Faculty of
the State of Maryland may initiate action by virtue of
information coming to its attention from its own members
or through any other source, such cases being handled in
the same manner as though they had been referred to it by
the Commission.

[[(3)           IN MAKING ITS INVESTIGATION THE

COMMISSION MAY REQUEST A PHYSICIAN TO SUBMIT TO AN
APPROPRIATE EXAMINATION BY PHYSICIANS DESIGNATED BY THE
COMMISSION AT THE EXPENSE OF THE COMMISSION. FAILURE OF
A PHYSICIAN TO SUBMIT TO THE REQUEST WHEN REQUESTED
CONSTITUTES AN ADMISSION OF INABILITY TO PRACTICE

COMPETENTLY UNLESS THE FAILURE IS DUE TO CIRCUMSTANCES
BEYOND HIS CONTROL, AND A DEFAULT AND FINAL ORDER MAY BE
ENTERED WITHOUT THE TAKING OF TESTIMONY OR PRESENTATION
OF EVIDENCE. A PHYSICIAN AFFECTED UNDER THIS PROCEEDING