Md. Code Regs. 10.28.13.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.28.13.06 - Civil Fines

A. After a hearing under Health Occupations Article, §11-315, Annotated Code of Maryland, and COMAR 10.28.04, the Board may assess a civil fine not to exceed $50,000 against a person who:

(1) Practices optometry without a license in violation of Health Occupations Article, §11-501, Annotated Code of Maryland;

(2) Misrepresents to the public by title, by description of services, methods, or procedures, or otherwise that the person practices optometry in violation of Health Occupations Article, §11-502, Annotated Code of Maryland; or

(3) Knowingly sells or dispenses contact lenses or replacement contact lenses without a valid and unexpired prescription or replacement contact lens prescription in violation of Health Occupations Article, §11-504, Annotated Code of Maryland

B. In determining whether to assess a fine and the amount of the fine, the Board shall consider the following factors:

(1) The cost of investigating and prosecuting the case against the person;

(2) The extent of actual or potential public harm caused by the violation;

(3) The extent to which the person derived a financial benefit from the violation;

(4) The history of a previous violation or violations;

(5) The willfulness of the improper conduct; and

(6) Mitigating factors as presented by the person.

Md. Code Regs. 10.28.13.06

Regulation .06 adopted effective 42:16 Md. R. 1055, eff.8/17/2015