In those cases in which the Board determines that the imposition of a penalty is appropriate, the Board shall take into consideration the following factors, without limitations, in determining the amount of penalty:

1. A. The extent to which the licensee derived any financial benefit from unprofessional or improper conduct;
2. B. The willfulness of the unprofessional or improper conduct;
3. C. The extent of actual or potential public harm caused by the unprofessional or improper conduct; and
4. D. The cost of investigating and prosecuting the case against the licensee.

Authority: Health Occupations Article, §§1-212 and 7-317, Annotated Code of Maryland

Effective date: January 1, 1996 (22:26 Md. R. 2029)

Regulation .02B amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)

Regulation .03C amended effective March 5, 2001 (28:4 Md. R. 418)