174

LAWS OF MARYLAND

Ch.8

(4) CONDUCT THAT VIOLATES THE PRACTICE
LIMITATIONS OF § 4-603 OF THIS TITLE.

(B) WHO MAY COMMENCE ACTION.

AN ACTION UNDER THIS SECTION MAY BE BROUGHT BY:

(1)  THE BOARD, IN ITS OWN NAME;

(2)  THE ATTORNEY GENERAL, IN THE NAME OF THIS

STATE; OR

(3) A STATE'S ATTORNEY, IN THE NAME OF THIS

STATE.

(C)  VENUE.

AN ACTION UNDER THIS SECTION SHALL BE BROUGHT IN THE
COUNTY WHERE THE DEFENDANT:

(1)  RESIDES; OR

(2)  ENGAGES IN THE ACTS SOUGHT TO BE ENJOINED.

(D)  ACTUAL DAMAGE NOT REQUIRED.

PROOF OF ACTUAL DAMAGE OR THAT ANY PERSON WILL SUSTAIN
ANY DAMAGE IF AN INJUNCTION IS NOT GRANTED IS NOT REQUIRED
FOR AN ACTION UNDER THIS SECTION.

(E)  ACTION NOT EXCLUSIVE.

AN ACTION UNDER THIS SECTION IS IN ADDITION TO AND NOT
INSTEAD OF CRIMINAL PROSECUTION FOR UNAUTHORIZED PRACTICE OF
DENTISTRY UNDER § 4-601 OF THIS TITLE OR DISCIPLINARY ACTION
UNDER § 4-314 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 32, § 25A.

As to subsection (a) of this section, present
Art. 32, § 25A(d) defines "unauthorized practice
of dentistry" to include any "violation of any of
the prohibitory sections" of the first subtitle
of Art. 32. The revision expressly states the
four causes of action that violate the first
subtitle of Art. 32 — i.e. — the prohibitory
sections that relate to dental laboratory work,
grounds for disciplining licensed dentists,
practice as a business entity or under the name
of a business entity, and unauthorized practice
of dentistry.

The provisions in present Art. 32, § 25A(a) that
refer to judicial jurisdiction and to the
pleadings, practice, and procedure in actions
under this section are deleted as needlessly
repetitive of independent provisions of law.