744

LAWS OF MARYLAND

Ch.8

to state specifically a power that is inherent in
the express power to suspend or revoke a license.
The addition conforms to Board practice.

The reference to "attempt" in item (1) of this
section and all of item (2) of this section are
new language added to conform to similar
provisions governing other health occupations in
present Art. 43. They state a fundamental ground
for disciplining an applicant, a licensee, or a
holder of a limited license. For examples of
this provision 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.

As to item (4) of this section, the second
sentence of present Art. 43, § 799(a)(1), which
provides that "{t}he record of conviction or a
certified copy thereof certified by the clerk of
the court or by a judge in whose court the
conviction is had, shall be conclusive evidence
of such conviction", is deleted as unnecessary.

Although present Art. 43, § 791(8) appears as a
definition of "unethical conduct", the Commission
to Revise the Annotated Code has interpreted
those provisions under items (5) through (10) of
this section as substantive grounds for Board
disciplinary action against a licensee. After it
is defined, the term "unethical "conduct" does not
appear in the present law. The only component of
the present definition that is used anywhere in
the text of the present law is that of Art. 43, §
791(8)(vi), which relates to failure to adhere to
the code of ethics, violation of which is a
ground for suspension or revocation of licenses
under present Art. 43, § 799(a)(4). (Violation
of this "code of ethics" should not be confused
with the broader term "unethical conduct". Under
the definition in present Art. 43, § 791(8),
violation of the "code of ethics" is only one of
the six present elements of "unethical conduct".)
The Commission concluded that if the provisions
of present Art. 43, § 791(8) were not
interpreted as substantive provisions under this
section, all of the provisions except item (vi)
would be totally without effect and, therefore,
should be deleted in the revision. The
Commission chose instead to give effect to the
present statute.

The General Assembly also may wish to consider
whether the provisions of present Art. 43, §
791(8) should be interpreted as prohibited acts.