Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY
Chapter 10.28.13 - Civil Penalties
Section 10.28.13.06 - Civil Fines
Universal Citation: MD Code Reg 10.28.13.06
Current through Register Vol. 51, No. 19, September 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
