Ch. 608

LAWS OF MARYLAND

(a) Subject to the hearing provisions of § 4-317 of this
subtitle, the Board may deny a general license to practice
dentistry, a limited license to practice dentistry, or a
teacher's license to practice dentistry to any applicant,
reprimand any licensed dentist, place any licensed dentist on
probation, or suspend or revoke the license of any licensed
dentist, if the applicant or licensee:

(24)  Uses or promotes or causes the use of any
misleading, deceiving, or untruthful advertising matter,
promotional literature or testimonial; [or]

(25)  (i) Except as provided in subparagraph (ii) of
this paragraph, divides a fee with another dentist if the
division is not in proportion to the services performed and the
responsibility assumed by each dentist.

(ii) A dentist may divide a fee with another
dentist who is a partner or an associate in the same dental
practice if dividing the fee does not increase the fee for the
service charged to the patient!.]; OR

(26)  FAILS TO COMPLY WITH THE PROVISIONS OF § 12-102
OF THIS ARTICLE.

12-102.

(A) (1) IN THIS SECTION THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.

(2)  "IN THE PUBLIC INTEREST" MEANS THE DISPENSING OF
DRUGS BY A LICENSED DENTIST, PHYSICIAN, OR PODIATRIST TO A
PATIENT WHEN A PHARMACY IS NOT CONVENIENTLY AVAILABLE TO THE
PATIENT.

(3)   "PERSONALLY PREPARING AND DISPENSING" MEANS THAT
THE LICENSED DENTIST, PHYSICIAN, OR PODIATRIST:

(I) IS PHYSICALLY PRESENT ON THE PREMISES WHERE
THE PRESCRIPTION IS FILLED; AND

(II)  WITNESSES THE PREPARATION OF THE

PRESCRIPTION; AND

(III) (II) PERFORMS A FINAL CHECK OF THE
PRESCRIPTION BEFORE IT IS PROVIDED TO THE PATIENT.

[(a)] (B) This title does not limit the right of an
individual to practice a health occupation that the individual is
authorized to practice under this article.

[(b)] (C) This title does not prohibit:

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