WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(1)  FRAUDULENTLY OR DECEPTIVELY OBTAINS OR ATTEMPTS
TO OBTAIN A LICENSE FOR THE APPLICANT OR LICENSEE OR FOR ANOTHER;

(2)  FRAUDULENTLY OR DECEPTIVELY USES A LICENSE;

(3)  IS CONVICTED OF A CRIME INVOLVING MORAL
TURPITUDE; OR

(4)  VIOLATES ANY PROVISION OF THIS TITLE.

REVISOR'S NOTE: Items (1), (3) and (4) of this section are
new language derived without substantive change from
former Art. 56, §§ 521(1), (2), and (7) and 524(6).

Item (2) of this section and the reference to
"attempts" in item (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 actions 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 licensee.

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

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

The sentence in former Art. 56, § 521(1) that made
"[t]he record of conviction, or a certified copy
thereof certified by the clerk of the court or by a
judge in whose court the conviction is had, ...
conclusive evidence of such conviction", is deleted as
surplusage.

Former Art. 56, § 521(3) through (6), (8), (10), (11),
and, except as it related to replacement, (9), which
allowed the Board to take disciplinary action for
unethical conduct, practicing while ill, advertising,
use of false names, use of inducements, failure to
require a medical examination, door-to-door

- 391 -