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Session Laws, 1988
Volume 770, Page 4438   View pdf image
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Ch. 648

LAWS OF MARYLAND

Subsection (a)(2) of this section and the reference to
"attempts" in subsection (a)(1) of this section are
new language added to conform to almost all of the
occupational licensing acts adopted by the General
Assembly in the past several years. See, e.g., the
comparable sections on disciplinary action in the
various titles of the Health Occupations Article. The
General Assembly expressly decided that the language
of these items was to be included in each of those
sections as a fundamental ground for disciplining an
applicant or a licensee.

Subsection (a)(10) of this section is new language
added to conform to the requirement for local
licensure under § 2-601 of this title.

Subsection (a)(11) of this section is new language
added to conform to the requirement for general
liability and property damage insurance under § 2-604
of this title.

In the introductory language of subsection (a) of this
section, the phrase "deny a State license to any
applicant" is standard language added to state
expressly that which only was implied in the former
law — i.e., that the State Board may deny a State
license to an applicant who violates a disciplinary
provision under this section.

Also in the introductory language of subsection (a) of
this section, the reference to the power of the State
Board to reprimand a State licensee is added to state
specifically a power that is inherent in the express
power to suspend or revoke a State license.

In subsection (a)(5) and (7) of this section, the
references to a "local jurisdiction" are substituted
for the former references to "any municipality, city,
or county", for consistency and brevity.

In subsection (b) of this section, the phrase "by
another person" is substituted for the former phrase
"by more than one person, firm, or corporation", to
avoid the erroneous impression that anyone other than
a State licensee may use the State license.

Former Art. 56, § 539(a)(6)(i), which allowed
disciplinary action against a person knowingly
combining or conspiring to allow "a license to be used
by any unlicensed person ...," is deleted as
misleading and, in light of the revision of subsection
(a)(3) of this section, unnecessary. The former
reference to "any unlicensed person, firm, or

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Session Laws, 1988
Volume 770, Page 4438   View pdf image
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