554

LAWS OF MARYLAND

Ch.8

(2)  "PRACTICE MEDICINE" INCLUDES DOING,
UNDERTAKING, PROFESSING TO DO, AND ATTEMPTING ANY OF THE
FOLLOWING:

(I)  DIAGNOSING, HEALING, TREATING,
PREVENTING, PRESCRIBING FOR, OR REMOVING ANY PHYSICAL,
MENTAL, OR EMOTIONAL AILMENT OR SUPPOSED AILMENT OF AN
INDIVIDUAL:

1.  BY PHYSICAL, MENTAL, EMOTIONAL,
OR OTHER PROCESS THAT IS EXERCISED OR INVOKED BY THE
PRACTITIONER, THE PATIENT, OR BOTH; OR

2.  BY APPLIANCE, TEST, DRUG,
OPERATION, OR TREATMENT;

(II)  ENDING OF A HUMAN PREGNANCY; AND

(III)  PERFORMING ACUPUNCTURE.

(3)  "PRACTICE MEDICINE" DOES NOT INCLUDE:
(I) SELLING ANY NONPRESCRIPTION DRUG OR

MEDICINE;

(II) PRACTICING AS AN OPTICIAN; OR

(III) PERFORMING A MASSAGE OR OTHER
MANIPULATION BY HAND, BUT BY NO OTHER MEANS.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from Art. 43, § 119(f)
and (g)(3), (4), and (5).

The definition is stated in the infinitive form
to permit minor verb variations of the defined
phrase without taking these variations out of the
scope of the definition.

In paragraph (1) of this subsection, the present
description of medicine as an "art of science" is
deleted as unnecessary.

In paragraph (2)(i)2. of this subsection, the
word "drug" is added to clarify that a physician
may practice medicine by prescribing a "drug".

In paragraph (2)(ii) of this subsection, the
present words "assisting, attempting, inducing,
or causing" are deleted as unnecessary in light
of the terms "attempting" and "ending".

In paragraph (3)(i) of this subsection, the term
"nonprescription drug or medicine" is substituted
for "proprietary or patent medicines" to conform
with current usage.