1. (a) The executive officer of the board shall assess fines for citable offenses listed in this section, provided however, in no case shall the total fines exceed $2,500 for each violation. The executive officer shall not impose any duplicate fines for the same violation.
2. (b) Where citations include an assessment of an administrative fine, they shall be classified according to the nature of the violation and shall indicate the classification on the face.

3. (c) Class “A” citations involve a person who has engaged in the practice of optometry without a current and valid license, including, but not limited to, acting in the capacity of an optometrist or performing or controlling the practice of optometry as defined in Business and Professions Code section 3041.

   A class “A” citation is subject to an administrative fine in an amount not less than one thousand five hundred dollars ($1,500) and not to exceed two thousand five hundred dollars ($2,500) for each violation.

4. (d) Class “B” citations involve an optometrist who has either:

   1. (1) Violated any statute or regulation which would be grounds for discipline by the Board that has caused non-physical financial harm to a person, or

   2. (2) Has committed a violation that are grounds for issuance of a Class “C” citation and has been issued one or more prior Class “C” citations within the three (3) years immediately preceding the issuance of the citation.

      A class “B” citation is subject to an administrative fine in an amount not less than five hundred dollars ($500) and not to exceed two thousand five hundred dollars ($2,500) for each violation.

5. (e) Class “C” citations involve an optometrist who has violated any statute or regulation which would be grounds for discipline by the Board that did not cause physical or financial harm to a person.

   A class “C” citation is subject to an administrative fine in an amount not less than two hundred fifty dollars ($250) and not to exceed two thousand five hundred dollars ($2,500) for each violation.

6. (f) Notwithstanding the administrative fine amounts specified in subsections (c), (d), and (e), a citation may include a fine between two thousand five hundred and one dollars ($2,501) and five thousand dollars ($5,000) if one or more of the following circumstances apply:

   1. (1) The citation involves a violation that has an immediate relationship to the health and safety of another person;
   2. (2) The cited person has a history of two or more prior citations of the same or similar violations;
   3. (3) The citation involves multiple violations that demonstrate a willful disregard of the law;
   4. (4) The citation involves a violation or violations perpetrated against a senior citizen or disabled person;
   5. (5) The citation involves fraudulent billing submitted to an insurance company, or Medi-Cal or Medi-Care programs;
7. (g) The sanctions authorized under this section shall be separate from, and in addition to, any other civil or criminal remedies.

Note: Authority cited: Sections 125.9, 148, 2545 and 3025, Business and Professions Code. Reference: Sections 125.9, 148 and 2545, Business and Professions Code.

History

1. New section filed 8-17-99; operative 9-16-99 (Register 99, No. 34).

2. Amendment of section and Note filed 9-26-2006; operative 10-26-2006 (Register 2006, No. 39).