466

LAWS OF MARYLAND

Ch.8

first clause of § 266A(a) and from Art. 43, §§
266A(c)(l) and 270B(c)(2).

In subsection (a) of this section, the word
"convicted" is substituted for the word
"conviction", to correspond with the revision of
the present provisions that use the word
"conviction". No change in substance is
intended.

In the introductory language of subsection (b) of
this section, the reference to members "then
serving" is added for clarity. In addition, the
present reference to the power of the Board to
"withhold" a license is deleted as unnecessary in
light of the reference to the power to deny,
suspend, or revoke a license.

Also in the introductory language of subsection
(b) of this section, the present statement that
the Board may "refuse to renew" a license for the
specified reasons is deleted as needless and
misleading. Under Art. 41, § 250A(b) of the
Administrative Procedure Act, if a licensee makes
timely application for renewal, the license does
not expire until the Board has acted on the
application and the time for appeal has run.
Under both Art. 41, § 250A(c) and § 12-312 of
this subtitle ordinarily the Board must give the
licensee an opportunity for a hearing before
taking disciplinary action under this section.
If the Board finds grounds for disciplinary
action, it may suspend or revoke the license, and
there is no need for a power to refuse renewal.

In present Art. 43, § 266A(c), the terms
"authorized practitioner" and "authorized
prescriber" are used interchangeably. However,
only the term "authorized prescriber" — which is
defined in § 12-101 of this title — is used in
subsection (b) of this section.

In subsection (b)(4) of this section, the term
"controlled dangerous substance" is used. It
appears certain that this term is intended to
encompass the meaning stated in Art. 27, § 277 of
the Code. The Commission to Revise the Annotated
Code is uncertain whether the term, as used in
this section,. also is intended to include
"controlled dangerous substances" as defined in
the federal law or in the laws of other states.
The General Assembly may wish to clarify the
meaning of the term as used in this and similar
sections of this article. See also § 15-311 of
this article.