The Board shall consider the following factors in determining whether to impose a penalty and the amount of any penalty:

1. A. The extent to which the individual derived any financial benefit from the violation;
2. B. The willfulness of the improper conduct;
3. C. The extent of actual or potential public harm caused by the violation;
4. D. The cost of investigating and prosecuting the case against the individual;
5. E. The individual’s history of any previous violation; and
6. F. If the penalty being imposed is for unauthorized practice, the length of time in which the individual engaged in the unauthorized practice.

Authority: Health Occupations Article, §§16-205, 16-311, and 16-505(b), Annotated Code of Maryland

Effective date: July 25, 1988 (15:15 Md. R. 1810)

Regulation .01 amended effective December 22, 2003 (30:25 Md. R. 1848)

Regulation .02B amended effective December 22, 2003 (30:25 Md. R. 1848); March 2, 2015 (42:4 Md. R. 434)

Regulation .03 amended effective March 2, 2015 (42:4 Md. R. 434)

Regulation .03A amended effective December 22, 2003 (30:25 Md. R. 1848)

Regulation .04F adopted effective March 2, 2015 (42:4 Md. R. 434)