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2226 LAWS OF MARYLAND Ch. 422
application setting forth the name of the owner, the
types of laboratory or health services to be performed,
and such other information as the Secretary may require[;
the]. THE Secretary shall cause an inspection to be made
and, if in compliance with the minimum standards and
qualifications, and upon payment of the fees herein
authorized, he shall issue a permit to operate. The
Secretary shall conduct periodic inspections to assure
continuing compliance. No person, partnership,
association or corporation may operate such a laboratory
or tissue bank without this permit[; the]. THE Secretary
may refuse to issue, suspend or revoke a permit to
operate, if, after inspection and due notice, a
laboratory or tissue bank fails to comply with the
minimum standards or qualifications or with the
provisions of any rules or regulations regularly adopted
by the Secretary. No person, partnership, association or
corporation may represent or service or maintain in this
State any office, representative or other facilities for
the representation or servicing of any laboratory or
tissue bank situated in this State or any other state
which makes examinations in connection with the diagnosis
and control of human disease or which procures,
processes, distributes or sells human tissue, unless the
laboratory or tissue bank so represented or serviced
meets or exceeds the minimum standards and qualifications
adopted by the Secretary under and pursuant to this
section, and before representing or servicing any
laboratory or tissue bank not situated within this State,
each person, partnership, association or corporation
shall make appropriate annual application to the
Secretary on such terms and conditions as are adopted by
the Secretary, the application to show by satisfactory
evidence that any such laboratory or tissue bank not
located within this State meets or exceeds the minimum
standards and qualifications adopted by the Secretary
pursuant to this section for similar laboratories or
tissue banks located and operated within the State of
Maryland. The term "tissue bank" as used in this section
includes blood bank and the term "tissue" includes blood.
Physicians exempt from licensing and inspection under
this section are nevertheless required to demonstrate
satisfactory performance in a proficiency testing program
in applicable laboratory procedures. The State
Department of Health and Mental Hygiene shall establish
standards and criteria for demonstrating satisfactory
performance in a proficiency testing program and for
conducting the programs. The Department may establish a
service fee for those persons participating in a
proficiency testing program conducted by the Department.
If a physician fails to demonstrate satisfactory
performance, the Department shall notify the Commission
on Medical Discipline.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
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