1. A. The Board may impose a civil fine of no less than $1,000 and no more than $50,000 against an individual who:

   1. (1) Practices dietetics without a license in violation of Health Occupations Article, §5-401, Annotated Code of Maryland; or
   2. (2) Misrepresents or implies to the public by use of the protected titles in violation of Health Occupations Article, §5-402, Annotated Code of Maryland.

2. B. Factors to be used in determining the amount of the fine may include, but are not be limited to, the following:

   1. (1) The extent to which the individual derived any financial benefit from the unauthorized practice or misrepresentation of title;
   2. (2) The willfulness of the unauthorized practice or misrepresentation of title;
   3. (3) Actual or potential harm caused by the unauthorized practice or misrepresentation of title;
   4. (4) The cost of the investigation; and
   5. (5) The length of time in which the individual engaged in the unauthorized practice or misrepresentation of title.

Authority: Health Occupations Article, §§1-606, 5-205, 5-206, 5-311, 5-311.1, and 5-403(b), Annotated Code of Maryland

Effective date: August 13, 2007 (34:16 Md. R. 1432)

Chapter revised effective April 16, 2012 (39:7 Md. R. 495)

Regulation .01 amended effective March 2, 2015 (42:4 Md. R. 434)

Regulation .02B amended effective March 2, 2015 (42:4 Md. R. 434)

Regulation .06A, B amended effective March 2, 2015 (42:4 Md. R. 434)

Regulation .07 adopted effective March 2, 2015 (42:4 Md. R. 434)