HARRY HUGHES, Governor
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the Department to restrict the scope of a permit
if a tissue bank generally meets the standards,
but is deficient in a specific area. This change
is made to avoid the cumbersome procedure of
revocation of a permit and immediate issuance of
a new permit of more limited scope.
Also in subsection (a) of this section, the
reference to action for failure to "meet the
requirements that the Secretary adopts under this
subtitle" is substituted for the reference to
"any rules or regulations regularly adopted by
the Secretary", which was overly broad in light
of the authority of the Secretary throughout this
and other articles and unnecessary in light of
the broad authority under this subtitle.
The former specific reference to compliance with
the "standards or qualifications" is deleted as
unnecessary since they are set by rule or
regulation under §§ 17-302 and 17-303 of this
subtitle.
As to inspections generally, see § 17-302 of this
subtitle.
Defined terms: "Permit" § 17-301
"Secretary" § 1-101 "Tissue bank" § 17-301
17-312. OPERATING WITHOUT PERMIT.
(A) IN GENERAL.
A PERSON MAY NOT OPERATE A TISSUE BANK IN THIS STATE
UNLESS THE PERSON HOLDS A PERMIT ISSUED BY THE SECRETARY.
(B) EXCEEDING SCOPE OF PERMIT.
A PERMIT HOLDER MAY NOT OFFER OR PERFORM ANY CLASS OF
SERVICE OF A TISSUE BANK 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 classes of
services to be offered. In practice, the
Secretary issues permits that state areas in
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