HARRY HUGHES, Governor                                819

CONTINUED AFTER THE FIRST CONVICTION IS A SUBSEQUENT
OFFENSE.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 34(e).

The reference to a "subsequent conviction for a
violation of the same provision" is substituted
for the reference "successive offense", for
clarity.

The only other changes are in style.

Defined term: "Person" § 1-101

GENERAL REVISOR'S NOTE TO SUBTITLE:

The Commission to Revise the Annotated Code has divided
the provisions of former Article 43, § 34 into 2 subtitles
Subtitle 2 of this title, which relates to medical
laboratories, and this subtitle, which relates to tissue
banks. This division resolves the ambiguity in the former
language "laboratories and tissue banks ... which make
examinations in connection with the diagnosis and control of
human diseases, or which procure, process, distribute, or
sell human tissue ...", by clarifying that medical
laboratories make examinations and that tissue banks
procure, process, and otherwise deal in tissue, and
simplifies reference to the 4 permits called for by the
former law.

The former law as to medical laboratories and tissue
banks varied in several respects. Individual physicians and
small groups of physicians who performed medical laboratory
procedures for their own patients were exempted from the
medical laboratory permit requirements, if the physicians
passed a proficiency test. There was no comparable
exemption as to tissue bank permits. The authority of the
Secretary to set the qualifications of the directors of
medical laboratories was restricted, while qualifications of
directors of tissue banks were set by statute. Advertising
by medical laboratories was restricted, but advertising by
tissue banks was not.

Aside from these distinctions, the former law appeared
to be identical in treatment of medical laboratories and
tissue banks. In practice, however, the treatment of these
entities has varied. The Department has developed standards
for different classes of medical laboratories. This was
suggested by the requirement in the former law that the
application state the types of services to be offered and,
in the revision, is reflected by the addition of §§
17-208(b), 17-209(2), and 17-213(b) of this title.

Comparable provisions for tissue banks have been added