2382

LAWS OF MARYLAND

Ch. 809

FOR the purpose of permitting physicians to prescribe or

administer laetrile (amygdalin) amygdalin in the

treatment of cancer under certain circumstances;
prohibiting hospitals and health facilities from
restricting such use; providing for hearings by the
Department of Health and Mental Hygiene to determine
whether such use should be prohibited or restricted;

and prohibiting certain disciplinary actions against

physicians who prescribe or administer laetrile

(amygdalin) amygdalin.

BY adding to

Article 13 - Health

Section 133(d) and(e) (e) and (f)

Annotated Code of Maryland

(1971 Replacement Volume and 1977 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

133.

(D) A PHYSICIAN MAY PRESCRIBE OR ADMINISTER LAETRILE
(AMYGDALIN) IN THE TREATMENT OF CANCER. A HOSPITAL OR
HEALTH FACILITY MAY NOT RESTRICT OR FORBID THE USE OF
LAETRILE (AMYGDALIN) WHEN PRESCRIBED OR ADMINISTERED BY A
PHYSICIAN TO A PATIENT WHO HAS CONSENTED TO USE OF THE
SUBSTANCE. USE OF LAETRILE (AMYGDALIN) MAY BE RESTRICTED
OR PROHIBITED IF THE SUBSTANCE AS PRESCRIBED OR ADMINISTERED
BY THE PHYSICIAN IS FOUND TO BE HARMFUL BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE IN A HEARING CONDUCTED BY THE
DEPARTMENT. THE DEPARTMENT SHALL PROMULGATE RULES AND
REGULATIONS GOVERNING HEARINGS UNDER THIS SECTION.

(E)         THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE AND

THE BOARD OF PHARMACY SHALL REGULATE THE MANUFACTURE,

DISTRIBUTION, AND SALE OF AMYGDALIN FOR USE WITHIN THE STATE
ONLY FOR THE PURPOSE OF INSURING THAT THE SUBSTANCE IS NOT
ADULTERATED, CONTAMINATED BY MICROORGANISMS, OR MISBRANDED.

     (E)(F) A PHYSICIAN MAY NOT BE SUBJECT TO

DISCIPLINARY ACTION BY THE COMMISSION ON MEDICAL DISCIPLINE
OR BY ANY OTHER AGENCY, BOARD, OR BODY SOLELY FOR

PRESCRIBING OR ADMINISTERING LAETRILE (AMYGDALIN) TO A

PATIENT UNDER THE PHYSICIAN'S CARE WHO HAS CONSENTED TO USE

THE DEPARTMENT PURSUANT TO THE PROVISIONS OF THIS SECTION

THAT THE SUBSTANCE AS PRESCRIBED OR ADMINISTERED IS HARMFUL
TO THE PATIENT'S HEALTH.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act