1. 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. (1) Practices optometry without a license in violation of Health Occupations Article, §11–501, Annotated Code of Maryland;
   2. (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. (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.

2. B. In determining whether to assess a fine and the amount of the fine, the Board shall consider the following factors:

   1. (1) The cost of investigating and prosecuting the case against the person;
   2. (2) The extent of actual or potential public harm caused by the violation;
   3. (3) The extent to which the person derived a financial benefit from the violation;
   4. (4) The history of a previous violation or violations;
   5. (5) The willfulness of the improper conduct; and
   6. (6) Mitigating factors as presented by the person.

Authority: Health Occupations Article, §§11-205, 11-313 — 11-315, and 11-505, Annotated Code of Maryland

Effective date: April 20, 1998 (25:8 Md. R. 597)

Regulation .01 amended effective August 17, 2015 (42:16 Md. R. 1055)

Regulation .02B amended effective August 17, 2015 (42:16 Md. R. 1055)

Regulation .05A, C amended effective August 17, 2015 (42:16 Md. R. 1055)

Regulation .06 adopted effective August 17, 2015 (42:16 Md. R. 1055)