434

LAWS OF MARYLAND

Ch.8

(4)  IS INCOMPETENT TO PRACTICE OSTEOPATHY
BECAUSE OF HABITUAL INTOXICATION OR BECAUSE OF ADDICTION TO
ANY NARCOTIC DRUG OR OTHER SUBSTANCE; OR

(5)  BEHAVES DISHONORABLY OR UNPROFESSIONALLY.

(B) ABORTION.

SUBJECT TO THE HEARING PROVISIONS OF § 11-311 OF THIS
SUBTITLE, ON THE AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS
OF THE BOARD, THE BOARD MAY REPRIMAND ANY LICENSEE OR
SUSPEND OR REVOKE A LICENSE IF THE LICENSEE IS CONVICTED OF
PROCURING, AIDING, OR ABETTING A CRIMINAL ABORTION.

REVISOR'S NOTE: This section is new language derived in
part from the first and third sentences of Art.
43, § 480(a) and the first sentence of (g).

In 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.

Subsection (a)(1) of this section is derived in
part from the present reference to using fraud or
deceit to pass the examination and is restated in
the broader standard provisions governing other
health occupations in this article. It states a
fundamental ground for disciplining a licensee.

Subsection (a)(2) of this section is new language
added to conform to similar provisions governing
other health occupations in this article. It
states a fundamental ground for disciplining a
licensee.

As to subsection (a)(1) and (2) of this section,
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.

In subsection (a)(4) of this section, the phrase
"is incompetent to practice osteopathy" is
substituted for the phrase "which impairs
intellect, and judgment, to such an extent as to
incapacitate the performance of professional
duties", for clarity.

As to subsection (b) of this section, the
attention of the General Assembly is called to
the ambiguous provisions of present Art. 43, §
480(a) on disciplining a licensee for procuring,
aiding, or abetting a criminal abortion. While
the present law speaks first to the Board's