Chapter 13. Civil Penalties
Regulation .01 Scope.LinkCopy Citation
This chapter establishes the standards by which the Board may:
A.
Impose an administrative monetary penalty not exceeding $5,000 on an individual licensed under Health Occupations Article, Title 11, Annotated Code of Maryland, for an act or omission prohibited under Health Occupations Article, §11-313, Annotated Code of Maryland; or
B.
Assess a civil fine not exceeding $50,000 on a person who violates Health Occupations Article, §11–501, 11–502, or 11–504, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the Board of Examiners in Optometry.
(2)
“Licensee” means an individual licensed by the Board to practice optometry.
(3)
“Violation” means:
(a)
An act or omission prohibited under Health Occupations Article, §11-313, Annotated Code of Maryland; or
(b)
An act prohibited under Heath Occupations Article, §11-501, 11-502, or 11-504, Annotated Code of Maryland.
Regulation .03 Authority to Impose an Administrative Monetary Penalty.LinkCopy Citation
A.
After a hearing under Health Occupations Article, §11-315, Annotated Code of Maryland, and COMAR 10.28.04, the Board may impose an administrative monetary penalty of $5,000 or less on a licensee who is found to have committed a violation.
B.
The Board may impose a penalty under §A of this regulation:
(1)
For each occasion the licensee commits a violation, not to exceed a maximum of $5,000;
(2)
In addition to suspension or revocation of a license; or
(3)
Instead of suspension of a license.
Regulation .04 Factors to be Considered in the Assessment of Penalties.LinkCopy Citation
In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors:
A.
The cost of investigating and prosecuting the case against the individual;
B.
The extent of actual or potential public harm caused by the violation;
C.
The extent to which the individual derived a financial benefit from the violation;
D.
The history of a previous violation or violations;
E.
The willfulness of the improper conduct; and
F.
Mitigating factors as presented by the licensee.
Regulation .05 Payment of Penalties.LinkCopy Citation
A.
Within 30 days of the date of the Board’s order:
(1)
A licensee shall pay to the Board the administrative monetary penalty imposed; or
(2)
A person shall pay the civil fine assessed by the Board.
B.
The Board shall pay into the General Fund of the State all monies collected under this chapter.
C.
If a licensee fails to pay, in whole or in part, a penalty imposed by the Board, the Board may not restore, reinstate, or renew the license of the licensee until the licensee pays the penalty in full.
D.
The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings and ensure prompt payment.
Regulation .06 Civil Fines.LinkCopy Citation
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.
Chapter annotations
Authority: Health Occupations Article, §§11-205, 11-313 — 11-315, and 11-505, Annotated Code of Maryland
History: Effective date: April 20, 1998 (25:8 Md. R. 597)
History: Regulation .01 amended effective August 17, 2015 (42:16 Md. R. 1055)
History: Regulation .02B amended effective August 17, 2015 (42:16 Md. R. 1055)
History: Regulation .05A, C amended effective August 17, 2015 (42:16 Md. R. 1055)
History: Regulation .06 adopted effective August 17, 2015 (42:16 Md. R. 1055)