Md. Code Regs. 10.28.17.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 10.28.17.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties

A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Optometry Act and its regulations according to the guidelines set forth in the following chart:

VIOLATION	MINIMUMSANCTION/PENALTY	MAXIMUMSANCTION/PENALTY
(1) Fraudulently or deceptively obtains or attempts to obtain a license	Active suspension for 90 days$1,000	Denial of a license application or revocation $5,000
(2) Fraudulently uses a license	Active suspension for 90 days $1,000	Denial of a license application or revocation $5,000
(3) Is convicted of or pleads guilty or nolo contendere to a felony or crime of moral turpitude	Probation for 1 year $500	Denial of a license application or revocation $5,000
(4) Abandons a patient	Reprimand $100	Revocation $5,000
(5) Provides professional services while under the influence of alcohol or using any narcotic or controlled dangerous substance	Probation for 1 year $1,000	Revocation $5,000
(6) Promotes sales to exploit for financial gain	Reprimand $1,000	Revocation $5,000
(7) Willfully makes or files a false report in the practice of optometry	Probation for 1 year $1,000	Revocation $5,000
(8) Willfully fails to file or record any report as required by law or impedes, obstructs, or induces the failure to file	Reprimand $100	Revocation $5,000
(9) Fails to provide details of optometric patient record to a physician or another optometrist on proper request by a patient	Reprimand $100	Revocation $5,000
(10) Employs another person as a solicitor of business or splits or agrees to split a fee for optometric services for bringing or referring a patient	Reprimand $1,000	Revocation $5,000
(11) Makes a willful misrepresentation in treatment	Probation for 1 year $1,000	Revocation $5,000
(12) Aids an unauthorized person in the practice of optometry	Reprimand $500	Revocation $5,000
(13) Grossly and willfully overcharges for optometric services or submits a false statement to collect a fee	Probation for 1 year $1,000	Revocation $5,000
(14) Behaves immorally in the practice of optometry	Active suspension for 1 year $1,000	Revocation $5,000
(15) Professional, physical, or mental incompetence	Probation for 1 year	Denial of a license application or revocation
(16) Advertising in a false or misleading manner	Reprimand $100	Active suspension for 1 year $1,000
(17) Reciprocal discipline by an optometry board in another state	Reprimand $100	Denial of a license application or revocation $5,000
(18) Violates any provision of Health Occupations Article, Title 11, Annotated Code of Maryland, or rule or regulation adopted by the Board	Reprimand $100	Revocation $5,000
(19) Commits an act of unprofessional conduct in the practice of optometry	Reprimand $100	Revocation $5,000
(20) Discrimination	Reprimand $100	Probation for 2 years $1,000
(21) Willfully engages in conduct likely to deceive, defraud, or harm the public	Reprimand $1,000	Revocation $5,000
(22) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland	Reprimand $100	Revocation $5,000
(23) Engages in conduct which exhibits an inappropriate standard of care	Probation for 1 year $500	Revocation $5,000

B. If a licensee is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction and penalty shall prevail.

C. Notwithstanding the guidelines set forth in this chapter, in order to resolve a pending disciplinary action, the Board and licensee may agree to a surrender of license or a consent order with terms, sanction, and penalty agreed to by the Board and the licensee.

D. A departure from the guidelines set forth in this chapter alone is not grounds for any hearing or appeal of a Board action.

Md. Code Regs. 10.28.17.04