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Ch. 26
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2002 LAWS OF MARYLAND
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public attention "in any manner whatsoever" is deleted as surplusage.
In subsection (b)(2) of this section, the phrase "treatment, alleviation, or
cure of venereal disease" is added for clarity.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly that it is
in subsection (a)(3) and (4) of this section apply to publication or
republication by electronic means, including the Internet, which may make
available to the public advertisements that are not initially intended for
public distribution.
The Criminal Law Article Review Committee also notes, for the
consideration of the General Assembly, that the general prohibition on
advertising or calling to public attention a treatment for venereal disease
or a source for that treatment may constitute a prior restraint or speech, a
content-based restriction that raises free-speech concerns under the First
Amendment to the United States Constitution and Md. Decl. of Rights,
Art. 40.
Defined terms: "Distribute" § 10-101
"Person" § 1-101
"Venereal disease" § 10-101
10-103. SAME — SALE OF REMEDY.
(A) SCOPE OF SECTION.
THIS SECTION DOES NOT APPLY TO:
(1) A PHYSICIAN LICENSED TO PRACTICE MEDICINE;
(2) A GOVERNMENT UNIT; OR
(3) THE OTHERWISE LAWFUL CONDUCT OF BUSINESS BETWEEN
COMMERCIAL, MEDICAL, PHARMACEUTICAL, SCIENTIFIC, OR GOVERNMENT UNITS.
(B) PROHIBITED.
EXCEPT IN ACCORDANCE WITH A PRESCRIPTION WRITTEN BY A PHYSICIAN
LICENSED TO PRACTICE MEDICINE, A PERSON MAY NOT SELL, DISPENSE, OR GIVE TO
ANOTHER A DRUG, MEDICINE, PREPARATION, SUBSTANCE, OR A PREPARATION
CONTAINING A SULFONAMIDE DRUG TO ALLEVIATE, TREAT, OR CURE VENEREAL
DISEASE.
(C) REQUIREMENTS FOR PRESCRIPTION.
(1) A PRESCRIPTION UNDER SUBSECTION (B) OF THIS SECTION SHALL
INCLUDE:
(I) THE PHYSICIAN'S SIGNATURE AND ADDRESS; AND
(II) THE DATE THE PRESCRIPTION WAS WRITTEN.
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- 704 -
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