Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY
Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties
Section 10.28.17.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties
Current through Register Vol. 51, No. 19, September 20, 2024
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.
