(a) This section does not apply to:
- (1) An individual licensed under Title 14, Subtitle 3 of this article; or
- (2) An individual supervised by an individual licensed under Title 14, Subtitle 3 of this article.
- (b) The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 11-313 of this subtitle or § 11-501, § 11-502, or § 11-504 of this title.
(c)
(1) An action may be maintained in the name of the State or the Board to enjoin:
- (i) The unauthorized practice of optometry;
- (ii) The misrepresentation of the practice of optometry;
- (iii) The act of knowingly dispensing contact lenses or replacement contact lenses without a valid and unexpired prescription or a replacement contact lens prescription; or
- (iv) Conduct that is grounds for disciplinary action under § 11-313 of this subtitle.
(2) An action under this subsection may be brought by:
- (i) The Board, in its own name;
- (ii) The Attorney General, in the name of the State; or
- (iii) A State's Attorney, in the name of the State.
(3) An action under this subsection shall be brought in the county where the defendant:
- (i) Resides; or
- (ii) Engages in the act sought to be enjoined.
- (4) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this subsection.
- (5) An action under this subsection is in addition to and not instead of criminal prosecution for disciplinary action under § 11-313 of this subtitle or the unauthorized practice of optometry under §§ 11-501, 11-502, and 11-504 of this title.
Added by Acts 2014, c. 309, § 1, eff. July 1, 2014.