HARRY HUGHES, Governor

215

THE BOARD SHALL ADOPT RULES AND REGULATIONS THAT
SPECIFY THE TYPES OF INSTRUMENTS AND PROCEDURES THAT THE
BOARD APPROVES FOR USE IN THE PRACTICE AND TEACHING OF
ELECTROLOGY.

(B) PERMITTED INSTRUMENTS AND PROCEDURES.

A LICENSEE MAY USE ONLY THOSE TYPES OF INSTRUMENTS AND
PROCEDURES IN THE PRACTICE OF ELECTROLOGY OR TEACHING OF THE
CLINICAL PRACTICE OF ELECTROLOGY THAT ARE APPROVED BY THE
BOARD.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §§
555B-9(a)(2) and 555B-23(a)(10).

As to subsection (a) of this section, present
Art. 43, § 555B-9 is not clear as to whether the
Board has a duty to list the types of instruments
that are approved, or merely the discretion to
list the types of instruments. Since a licensee
may be disciplined under § 5-311 of this title
for using instruments and procedures that are not
approved by the Board, the revision clarifies
that the Board has a duty to indicate which
instruments and procedures are approved.

Subsection (b) of this section sets out expressly
what presently is only implied by the
disciplinary section — that a licensee may use
only those instruments and procedures that are
approved by the Board.

SUBTITLE 6. PROHIBITED ACTS; PENALTIES.

5-601. PRACTICING WITHOUT LICENSE.

EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, A PERSON
MAY NOT PRACTICE, ATTEMPT TO PRACTICE, OR OFFER TO PRACTICE
ELECTROLOGY OR TEACH, ATTEMPT TO TEACH, OR OFFER TO TEACH
THE CLINICAL PRACTICE OF ELECTROLOGY IN THIS STATE UNLESS
LICENSED BY THE BOARD.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
555B-35.

The references to "attempt" and "offer" to teach
the clinical practice of electrology are added
for clarity and to parallel the provisions as to
an offer or attempt to practice electrology.

As to exemptions from the requirements of this
title and as to license exceptions, see §§ 5-102
and 5-301(b) of this title.

5-602. MISREPRESENTATION.