HARRY HUGHES, Governor

87

In the introductory paragraph of this section,
the phrase "deny a license or limited license to
any applicant" is standard language added to this
and, where necessary, corresponding sections in
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 as to the introductory paragraph of this
section and, where necessary, corresponding
sections of other titles of this article, the
reference to the power of the Board to reprimand
a licensee or holder of a limited license is
added 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 fundamental grounds
for disciplining an applicant, a licensee, or a
holder of a limited license. 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.

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 present
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