HARRY HUGHES, Governor

3983

(II) MAY REVOKE THE LICENSE OF ANY MASTER
HUNTING GUIDE FOR ANY VIOLATION OF LAW, RULE, OR REGULATION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

May 28, 1985
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates

State House                                                                                                               

Annapolis, Maryland 21404

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 573.

House Bill 573 would require physicians, nurses, physical
therapists, and podiatrists to demonstrate oral competency in
English as a condition of licensure. Graduation from an English
speaking professional school would serve as proof of oral
proficiency. The bill contains a delayed effective date of July
1, 1986.

In his bill review letter to me dated May 25, 1985 (copy
attached), Attorney General Sachs concluded that House Bill 573,
as passed is "facially constitutional." However, in his letter
the Attorney General cites numerous possible situations where the
uneven application of the oral competency standard poses "grave
doubts about the constitutionality" of this practice. While I am
sympathetic to the underlying intent of this legislation in
ensuring that health care professionals can adequately
communicate with the patients they serve, I too am concerned that
the absence of sufficient statutory guidelines may permit
discriminatory application of this legislation.

Specifically, I am uneasy with the inherent ambiguity of the
phrase "oral competency" which could be inconsistently applied to
foreign-born professionals, to those persons with minor speech
impediments, and to American graduates from a foreign
professional school. In addition, the scope of the bill is
limited to physicians, nurses, physical therapists and
podiatrists, although the requirement for oral competency may be
equally, if not more importantly, justified in other health care
professions.

In summary, in light of the concerns raised by Attorney
General Sachs and my personal reservations, I will instruct