HARRY HUGHES, Governor

641

"registered", and other terms — to describe the privilege
or right to practice podiatry that is granted by the Board.
On analysis, the Commission to Revise the Annotated Code has
found that these confusing variations accomplish no
substantive purpose.

It is a precept of the Commission to revise the law in
a clear, straightforward manner, and, once something is
said, to say it the same way each time it is said.
Therefore, throughout this title, except for the reference
to an individual who is "certified or licensed to practice
podiatry in any other state" in § 15-305 of this title, the
words "license" or "licensed" are used to indicate that an
individual has the right to practice podiatry.

Present Art. 43, § 491, which generally bans any
advertising by a licensed podiatrist, with six narrowly
defined exceptions, is deleted as unconstitutional. Present
Art. 43, § 491(a) prohibits "any display advertising" except
the six various exceptions. This prohibition violates the
First Amendment to the United States Constitution. See
Central Hudson Gas & Electric Corp. v. Public Service

Commission, ___ U.S. ___ (No. 79-565, decided June 20,

1980); Bates v. State Bar of Arizona, 433 U.S. 350, reh.
denied, 434 U.S. 881 (1977); Virginia State Board of
Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748
(1976); 62 Op. Att'y Gen. 256 (1977). The six exceptions to
the prohibition on display advertising appear in present
Art. 43, § 491(b) through (g) and provide for limitations on
the size, content, number, and timing of cards, notices, and
signs. These limitations are also unconstitutional. See 62
Op. Att'y Gen. 256 (1977); see also Linmark Associates v.
Willingboro, 431 U.S. 85 (1977). Thus, neither the broad
prohibition on display advertising nor the narrower
restrictions on particular types of display advertising in
present Art. 43, § 491 are constitutional.

Present Art. 43, § 494, which provides for the
severability of the provisions of this title, is deleted as
unnecessary in light of Art. 1, § 23 of the Code.

The Commission calls the attention of the General
Assembly to present Art. 43, §§ 481(b), 488(a) and (b), and
492(c) — now §§ 15-317 and 15-318 of this title — which
provide for a limited license to practice podiatry and a
license as a podiatric assistant. The present provisions —
and, as a consequence, §§ 15-317 and 15-318 of this title —
pose potential problems because they fail to address many
important aspects of these licenses. For example there are
no provisions concerning the term, renewal, or disciplining
of a holder of a license as a podiatric assistant. The
General Assembly may wish to consider legislation to fill
some of the gaps in the law regarding these special types of
licenses.

TITLE 16. PSYCHOLOGISTS.