702

LAWS OF MARYLAND

Ch.8

(B) EXCEPTIONS.

THIS SECTION DOES NOT APPLY TO:

(1)  UNLESS THE INDIVIDUAL CHOOSES TO APPLY FOR A
LICENSE UNDER THIS SUBTITLE, AN INDIVIDUAL EMPLOYED BY ANY
AGENCY OF THE FEDERAL GOVERNMENT, THIS STATE, OR ANY
POLITICAL SUBDIVISION OF THIS STATE WHILE PERFORMING THE
DUTIES OF THAT EMPLOYMENT;

(2)  A STUDENT WHILE PURSUING A SUPERVISED COURSE
OF STUDY IN SOCIAL WORK THAT THE BOARD APPROVES AS
QUALIFYING TRAINING AND EXPERIENCE UNDER THIS TITLE;

(3)  AN INDIVIDUAL WHO RECENTLY HAS BECOME A
RESIDENT OF THIS STATE AND HAS AN APPLICATION FOR A LICENSE
PENDING BEFORE THE BOARD; OR

(4)  AN INDIVIDUAL WHO IS AN ATTORNEY OR A MEMBER
OF THE CLERGY:

(I)  WHILE THE INDIVIDUAL IS WORKING WITHIN
THE STANDARDS AND ETHICS OF THE INDIVIDUAL'S RESPECTIVE
PROFESSION; AND

(II)  IF THE INDIVIDUAL DOES NOT REPRESENT
TO THE PUBLIC BY TITLE OR DESCRIPTION OF SERVICES THAT THE
INDIVIDUAL IS A SOCIAL WORKER.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
Art. 43, § 870(a)(1) and rephrased in the
standard language used throughout this article to
state affirmatively that an individual must be
licensed to practice a health occupation in this
State. See also § 18-401 of this title.

Subsection (b) of this section is new language
derived without substantive change from Art. 43,
§ 861 — except as subsection (d) of that section
applies to a "licensed physician", a "licensed
nurse", and a "certified psychologist".

In subsection (b) of this section, the phrase
"this section does not apply to" is substituted
for the phrase "this subtitle may not be
construed to limit". Present Art. 43, § 861(a),
(b), and (c) appears to exempt certain
individuals in the social work field from all of
the provisions of this title, but each exception
is phrased in terms of "activities" and
"services". Therefore, the individuals referred
to are license exceptions.

As to subsection (b)(3) of this section, the
Commission to Revise the Annotated Code calls the
attention of the General Assembly to two problems