Public Law 83–424

That section 39 of

Healing Arts Practice Act, D. C., 1928.

Penalties for violations.

the Act entitled “An Act to regulate the practice of the healing art to protect the public health in the District of Columbia”, approved February 27, 1929 (45 Stat. 1338, as amended; sec. 2–130, D. C. Code, 1951 edition), is amended to read as follows:

“Sec. 39.

(a)(a)

Any person violating the provisions of this Act, except section 2 hereof, shall be punished by a fine of not more than $100

D.C.Code 2–102.

or by imprisonment for not more than ninety days, or by both such fine and imprisonment.

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“(b)“(b)

Any person violating the provisions of section 2 of this Act shall be punished, for the first offense, by a fine of not more than $500 or by imprisonment for not more than six months, or by both such fine and imprisonment; for the second offense, by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment; and for the third and subsequent offenses, by a fine of not more than $5,C00 or imprisonment for not more than five years, or by both such fine and imprisonment.

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“(c)“(c)

For the purposes of subsection (b) of this section, an offender shall be considered a second or subsequent offender, as the case may be, if he previously has been convicted of the offense of practicing medicine or the healing art without a license, either in the District of Columbia or in any of the States or Territories of the United States. After an offender has been convicted of the violation of the provisions of section 2 of this Act, but prior to pronouncement of sentence, the court shall be advised by the United States attorney whether the conviction is the offender’s first or a subsequent offense. If it is not a first offense, the United States attorney shall file an information setting forth the prior conviction or convictions. The offender shall have the opportunity in open court to affirm or deny that he is identical with the person previously convicted. If he denies the identity, sentence shall be postponed for such time as to permit a trial before a jury on the sole issue of the offender’s identity with the person previously convicted. If the offender is found by the jury to be the person previously convicted, or if he acknowledges that he is such person, he shall be sentenced as prescribed in subsection (b) of this section.”

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