Chapter 07. Civil Penalties
Regulation .01 Scope.LinkCopy Citation
This chapter establishes the standards by which the Board may impose an administrative monetary penalty not exceeding $50,000 on any individual licensed under Health Occupations Article, Title 16, Annotated Code of Maryland, for an act or omission proscribed under Health Occupations Article, §16-311(a), Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meaning indicated.
B.
Terms Defined.
(1)
“Board” means the Board of Podiatric Medical Examiners.
(2)
“Licensee” means an individual licensed by the Board to practice podiatry including the holder of a limited license.
(3)
“Violation” means an act or omission proscribed under Health Occupations Article, §§16-311(a) and 16-501, Annotated Code of Maryland.
Regulation .03 Authority to Impose Civil Monetary Penalty.LinkCopy Citation
A.
After a hearing under Health Occupations Article, §16-313, Annotated Code of Maryland, and COMAR 10.40.05, the Board may impose a civil monetary penalty of no less than $1,000 and no more than $50,000 under this chapter against an individual who commits a violation.
B.
A penalty under §A of this regulation may be imposed:
(1)
In addition to any reprimand, probation, suspension, or revocation; and
(2)
For each occasion the licensee commits a violation.
C.
The Board may impose a civil monetary penalty against an individual who practices podiatry without a license in violation of Health Occupations Article, §16–501, Annotated Code of Maryland.
D.
The Board may not impose a fine under §C of this regulation against a podiatrist for practicing podiatry on an expired license if the:
(1)
Podiatrist’s license is reinstated within 30 calendar days of the expiration date of the license; and
(2)
The licensee complies with COMAR 10.40.02.
Regulation .04 Factors to be Considered in the Assessment of Penalties.LinkCopy Citation
The Board shall consider the following factors in determining whether to impose a penalty and the amount of any penalty:
A.
The extent to which the individual derived any financial benefit from the violation;
B.
The willfulness of the improper conduct;
C.
The extent of actual or potential public harm caused by the violation;
D.
The cost of investigating and prosecuting the case against the individual;
E.
The individual’s history of any previous violation; and
F.
If the penalty being imposed is for unauthorized practice, the length of time in which the individual engaged in the unauthorized practice.
Regulation .05 Payment of Penalties.LinkCopy Citation
A.
The individual shall pay to the Board, on the date of its order, any administrative monetary penalty imposed under this chapter.
B.
Filing an appeal does not stay payment of any penalty imposed by the Board under this chapter.
C.
If an individual fails to pay, in whole or in part, any penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew the license of the individual until the penalty has been paid in full.
D.
The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Fiscal Planning to institute and maintain proceedings and ensure prompt payment.
E.
The Board shall pay into the General Fund of the State all monies collected under this chapter.
Chapter annotations
Authority: Health Occupations Article, §§16-205, 16-311, and 16-505(b), Annotated Code of Maryland
History: Effective date: July 25, 1988 (15:15 Md. R. 1810)
History: Regulation .01 amended effective December 22, 2003 (30:25 Md. R. 1848)
History: Regulation .02B amended effective December 22, 2003 (30:25 Md. R. 1848); March 2, 2015 (42:4 Md. R. 434)
History: Regulation .03 amended effective March 2, 2015 (42:4 Md. R. 434)
History: Regulation .03A amended effective December 22, 2003 (30:25 Md. R. 1848)
History: Regulation .04F adopted effective March 2, 2015 (42:4 Md. R. 434)