HARRY HUGHES, Governor
631
other titles of this article to state expressly
a power that presently is only implied — that
the Board may deny a license to an applicant who
violates a disciplinary provision under this
section.
Also in the introductory language of subsection
(a) of this section and in subsection (b) of this
section, the present requirement of Art. 43, §
490(d)(2) that a "majority" of the Board find one
or more of the grounds for reprimand, probation,
suspension, or revocation is revised as a
"majority of its members then serving", for
clarity.
Throughout subsection (a) of this section, the
references in present Art. 43, § 490(b) to
"professional services" are rephrased as
"podiatric services", for clarity.
Subsection (a)(1) and (2) of this section is new
language added to conform to similar provisions
governing other health occupations in present
Art. 43. It states fundamental grounds for
disciplining a licensee. 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)(l)(iii), as to pharmacists.
In subsection (a)(7) and (8) of this section, the
term "controlled dangerous substance" appears
twice. 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 here, 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 § 12-311 of
this article.
In subsection (a)(15) of this section,
"unauthorized person" is substituted for
"nonlicensed person", for clarity. In addition,
the present exception as to a person "in an
accredited preceptorship or residency training
program" is omitted because the practice of
podiatry by such a person is not "unauthorized".
In subsection (a)(19) of this section, the
present references to failure to pay the annual
license renewal fee and failure to comply with
any continuing education requirements are deleted
as unnecessary and potentially misleading, since
a license expires automatically at the end of its
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