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10.28.17.00.htm 10.28.17.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 28 BOARD OF EXAMINERS IN OPTOMETRY Chapter 17 Disciplinary Sanctions and Monetary Penalties Authority: Health Occupations Article, §1-606 and 11-314, Annotated Code of Maryland
10.28.17.01.htm 10.28.17.01. 01 Scope.. This chapter establishes standards for sanctions and monetary penalties not exceeding $5,000 against any optometrist in the State if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §11-314, Annotated Code of Maryland, to impose a sanction or monetary penalty.
10.28.17.02.htm 10.28.17.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the State Board of Examiners in Optometry.. 2) "License" means a license issued by the Board to practice optometry.. 3) "Licensee" means an optometrist who is licensed by the Board to practice optometry.. 4) "Penalty" means monetary penalty.. 5) “Sanction” means a formal disciplinary action against a license such as a reprimand, probation, s
10.28.17.03.htm 10.28.17.03. 03 Imposition of a Penalty ― General.. Imposition of a Penalty After a Hearing. If, after a hearing under Health Occupations Article, §11-315, Annotated Code of Maryland, the Board finds that there are grounds under Health Occupations Article, §11-313, Annotated Code of Maryland, to suspend or revoke a license, the Board may impose a penalty as set forth in this chapter:A. Instead of, or in addition to, suspending the license; or. B. In addition to revoking the license..
10.28.17.04.htm 10.28.17.04. 04 Guidelines for Disciplinary Sanctions and Imposition of Penalties.. A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Optometry Act and its regulations according to the guidelines set forth in the following chart:VIOLATION. MINIMUM SANCTION/PENALTY. MAXIMUM SANCTION/PENALTY. 1) Fraudulently or deceptively obtains or attempts to obtain a license. Active suspension for 90 days 1,000.
10.28.17.05.htm 10.28.17.05. 05 Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction.. Depending upon the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following aggravating and mitigating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, the following:A. Mitigating Factors:.
10.28.17.06.htm 10.28.17.06. 06 Payment of Penalty.. A. A licensee shall pay to the Board a penalty imposed under this chapter as of the date the Board's order is issued, unless the Board's order specifies otherwise.B. Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §11-318, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter.C. If a licensee fails to pay, in whole or in part
10.28.17.9999.htm 10.28.17.9999. Administrative History Effective date: October 1, 2012 (39:19 Md. R. 1237).
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