HARRY HUGHES, Governor

119

TURPITUDE;

(4)  PRACTICES CHIROPRACTIC UNDER A FALSE NAME;

(5)  IMPERSONATES ANOTHER PRACTITIONER;

(6)  IS CONVICTED OF A CRIME INVOLVING MORAL

(7)  HABITUALLY USES ALCOHOL, OR ANY NARCOTIC OR
STIMULANT TO THE EXTENT THAT THE INDIVIDUAL IS UNABLE TO
PERFORM PROFESSIONAL DUTIES COMPETENTLY; OR

(8)  SOLICITS OR ADVERTISES IN A FALSE OR
MISLEADING MANNER OR IN ANY OTHER MANNER NOT APPROVED BY THE
BOARD.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of Art. 43, § 506(a) and from Art. 43, §
506(b) — except the last clause of the first
sentence.

In the introductory language of this section and,
where necessary, corresponding sections of other
titles of this article, the reference to the
power of the Board to reprimand a licensee is
added to state specifically a power that is
inherent in the express power to suspend or
revoke a license.

Items (2) and (3) of this section are revised to
conform to similar provisions governing other
health occupations in present Art. 43. They
state fundamental grounds for disciplining a
licensee. For examples of such provisions in the
present law, see present Art. 43, § 130(h)(1), as
to physicians, and present Art. 43, §
266A(c)(1)(iii), as to pharmacists.

As to item (4) of this section, the words "or
assumed" are deleted as misleading and
unnecessary. At common law, absent a statute to
the contrary, an individual may "adopt or assume"
any name if the name is used consistently, and
without the intent to deceive or to defraud
creditors. See Hardy v. Hardy, 269 Md. 412
(1973); Romans v. State, 178 Md. 588 (1940),
cert, denied, 312 U.S. 695 (1941); and Art. 16, §
123 of the Code.

As to item (8) of this section, the disjunctive
"or" is substituted for "and" in the present law
to clarify that advertising or soliciting is
violative if it is either false or misleading.

Also as to item (8) of this section, see § 3-401
of this title, which relates to the adoption of
standards for advertising.