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PARRIS N. GLENDENING, Governor
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Ch. 26
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(2) A HEALTH OR MEDICAL AGENCY APPROVED BY THE SECRETARY OF
HEALTH AND MENTAL HYGIENE;
(3) A MEDICAL, PHARMACEUTICAL, OR OTHER PROFESSIONAL
PUBLICATION NOT PUBLICLY DISTRIBUTED; OR
(4) A NEWS ITEM OR ARTICLE PUBLISHED IN A NEWSPAPER, MAGAZINE,
OR BOOK.
(B) PROHIBITED.
A PERSON MAY NOT ADVERTISE, ALLOW TO BE ADVERTISED, OR CALL TO
PUBLIC ATTENTION:
(1) A DRUG, MEDICINE, PREPARATION, OR SUBSTANCE FOR THE
TREATMENT, ALLEVIATION, OR CURE OF VENEREAL DISEASE; OR
(2) A PERSON FROM WHOM OR A PLACE WHERE A DRUG, MEDICINE,
PREPARATION, OR SUBSTANCE FOR THE TREATMENT, ALLEVIATION, OR CURE OF
VENEREAL DISEASE MAY BE OBTAINED.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $500 FOR EACH VIOLATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 322, as it related to the prohibition of and
penalty for advertising a cure for venereal disease.
In subsection (a)(1) of this section, the phrase "government unit" is
substituted for the former reference to "governmental agency" for
consistency within this article. See General Revisor's Note to article.
Also in subsection (a)(1) of this section, the former reference to a "health
department" is deleted as included in the reference to a "government unit".
In subsection (a)(2) of this section, the phrase "with the approval of the
Secretary of Health and Mental Hygiene" is substituted for the former
phrase "approved under this section by the Secretary of Health and Mental
Hygiene" to clarify that with the approval of the Secretary, the prohibitions
of this section do not apply to a health or medical agency.
In subsection (a)(3) of this section, the former reference to the "sale" of
certain publications is deleted in light of the defined term "distribute",
which includes to "sell".
In subsection (a)(4) of this section, the former references to "bona fide" are
deleted as surplusage.
In subsection (b) of this section, the former reference to a "firm, company
or corporation" is deleted in light of the defined term "person".
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Also in subsection (b) of this section, the former reference to calling to
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- 703 -
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