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Session Laws, 1981
Volume 741, Page 185   View pdf image
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HARRY HUGHES, Governor

185

routine dental services, the second and sixth
clauses of present Art. 32, § ll(k)(2) and the
third clause of (3) also are deleted. See 62 Op.
Att'y Gen. at 264-68.

Also as to subsection (a) of this section, the
fifth clause of present Art. 32, § ll(k)(2) is
deleted as unconstitutional in part and, to the
extent that it is constitutional, as needlessly
repetitive of present Art. 32, § 11(g), which now
appears as § 4-314(a)(8) of this title. As to
the constitutionality of the fifth clause of
present Art. 32, § ll(k)(2), see 62 Op. Att'y
Gen. at 263-66.

Also as to subsection (a) of this section, the
Commission to Revise the Annotated Code calls to
the attention of the General Assembly that the
Attorney General has stated that subsection
(a)(5) and (6) of this section is "facially
constitutional" but that these provisions
"present special dangers of overreaching and
unconstitutional application". 62 Op. Att'y Gen.
at 267.

As to subsection (b)(1) of this section, the
provisions of present Art. 32, § 16 that relate
to the size, location, and display of signs are
deleted as unconstitutional. See 62 Op. Att'y
Gen. at 268, and cases cited supra.

Subsection (b)(2) of this section may appear to
be unnecessary because a licensed dentist may use
any designation not prohibited expressly.
However, the titles expressly authorized for use
by present Art. 32, § 16 are retained in this
section for clarity — e.g., to make clear that
although "Doctor of Dental Surgery" may not
appear on a sign, the abbreviation "D.D.S." may
appear.

In subsection (c) of this section, "dental
appliance" is substituted for the enumeration of
items in present Art. 32, § 25(b). "Dental
appliance" is defined in § 4-101 of this title.

Present Art. 32, § 12(f), which relates to the
severability of the provisions of present Art.
32, § 12, is deleted as unnecessary in light of
Art. 1, § 23 of the Code.

Present Art. 32, § 15, which requires removal of
certain signs by September 1, 1959, is deleted as
obsolete. In addition, to the extent that
present Art. 32, § 15 requires removal of signs
that do not conform to the unconstitutional
requirements of present Art. 32, § 16, those

 

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Session Laws, 1981
Volume 741, Page 185   View pdf image
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