804

LAWS OF MARYLAND

Ch. 21

twelfth, and fourteenth sentences of Article 43,
§ 34(a).

Subsection (c) of this section is new language
added to clarify the authority of the Secretary
to set fees for participation in the proficiency
testing program. See § 17-204 of this subtitle.

The only other changes are in style.

Defined terms: "Department" § 1-101
"Medical laboratory" § 17-201
"Permit" § 17-201 "Secretary" § 1-101
"Physician" § 1-101

17-213. OPERATING WITHOUT PERMIT.

(A)  IN GENERAL.

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A PERSON
MAY NOT OPERATE A MEDICAL LABORATORY IN THIS STATE UNLESS
THE PERSON HOLDS A PERMIT ISSUED BY THE SECRETARY.

(B)  EXCEEDING SCOPE OF PERMIT.

A PERMIT HOLDER WAY NOT OFFER OR PERFORM ANY SERVICE OF
A MEDICAL LABORATORY THAT IS NOT AUTHORIZED BY THE PERMIT.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the sixth sentence of former Article 43, § 34(a).

Subsection (b) of this section is new language
added to state expressly that a. permit holder is
limited by the scope of the permit and is
operating without a permit if that scope is
exceeded. This addition is implicit in the
provision of former Article 43, § 34(a) that
required the application to state the class of
services to be offered. In practice, the
Secretary issues permits that state areas in
which the medical laboratory is proficient as to
procedures.

The former reference to a "partnership,
association or corporation" is deleted as
unnecessary in light of the use of the defined
term "person".

As to the referenced exceptions, see § 17-205(b)
of this subtitle.

Defined terms: "Medical laboratory" § 17-201
"Permit" § 17-201 "Secretary" § 1-101
"Person" § 1-101