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Session Laws, 1981
Volume 741, Page 513   View pdf image
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HARRY HUGHES, Governor

513

GENERAL REVISOR'S NOTE:

Some of the provisions in the present subtitle of Art.
43 entitled "Commissioners of Pharmacy", §§ 249-273B, refer
to a pharmacist handling "drugs, medicines, and devices",
but other provisions of that subtitle, for no discernible
reason, refer to only one or two of the three categories of
items. The apparent legislative intent, as particularly
evidenced by the 1978 redefinition of "practice of pharmacy"
(Ch. 300, Acts of 1978), which includes all three
categories, is that references in the present law to one or
two of the three categories actually apply to all three.
Therefore, throughout this title, wherever one or two of the
three categories are mentioned expressly without any
discernible reason for the exclusion of the other one or two
categories, any omitted category has been added in the
revision.

Similarly, the present subtitle of Art. 43 entitled
"Commissioners of Pharmacy" in some provisions refers to a
person whose prescription a licensed pharmacist may fill
using the term "authorized prescriber", or a similar term,
but in other provisions makes express reference to all or
part of the litany "licensed physician, dentist, podiatrist,
or veterinarian". There does not appear to be any reason
for these variations. Therefore, throughout this title, the
term "authorized prescriber" — which is defined in § 12-101
of this title — is substituted for the present
unnecessarily diverse references to those who may issue
prescriptions. Although the substituted term is in some
instances broader than the present reference, this approach
appears to be consistent with the legislative intent behind
the present law. No substantive change is intended.

Two sections that presently are included in the
subtitle of Art. 43 entitled "Commissioners of Pharmacy", §§
272 and 273, have not been incorporated into the revision of
this title. Those two sections, which concern (1) sale of
drugs, medicines, and preparations by vending machine, and
(2) "medicine shows" or "patent medicine shows",
respectively, are, in the judgment of the Commission to
Revise the Annotated Code, more appropriately included
elsewhere and the Commission intends that they will be
revised along with the other parts of Art. 43 that do not
directly address health occupations.

In revising this title, the Commission deleted, in
addition to those provisions noted as being deleted in the
revisor's notes to various sections of this title, present
Art. 43, §§ 256 and 270. These two sections, both of which
provide for the severability of certain other sections, are
unnecessary in light of Art. 1, § 23 of the Code.

TITLE 13. PHYSICAL THERAPISTS.

SUBTITLE 1. DEFINITIONS; GENERAL PROVISIONS.

 

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Session Laws, 1981
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