Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY › Chapter 10.28.17 - Disciplinary Sanctions and Monetary Penalties › Section 10.28.17.04 - Guidelines for Disciplinary Sanctions and Imposition of Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
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
MINIMUMSANCTION/PENALTY
MAXIMUMSANCTION/PENALTY
(1) Fraudulently or deceptively obtains or attempts to
							 obtain a license
Active suspension for 90 days$1,000
Denial of a license application or revocation
$5,000
(2) Fraudulently uses a license
Active suspension for 90 days
$1,000
Denial of a license application or revocation
$5,000
(3) Is convicted of or pleads guilty or nolo contendere
							 to a felony or crime of moral turpitude
Probation for 1 year
$500
Denial of a license application or revocation
$5,000
(4) Abandons a patient
Reprimand
$100
Revocation
$5,000
(5) Provides professional services while under the
							 influence of alcohol or using any narcotic or controlled dangerous
							 substance
Probation for 1 year
$1,000
Revocation
$5,000
(6) Promotes sales to exploit for financial gain
Reprimand
$1,000
Revocation
$5,000
(7) Willfully makes or files a false report in the
							 practice of optometry
Probation for 1 year
$1,000
Revocation
$5,000
(8) Willfully fails to file or record any report as
							 required by law or impedes, obstructs, or induces the failure to file
Reprimand
$100
Revocation
$5,000
(9) Fails to provide details of optometric patient
							 record to a physician or another optometrist on proper request by a
							 patient
Reprimand
$100
Revocation
$5,000
(10) Employs another person as a solicitor of business
							 or splits or agrees to split a fee for optometric services for bringing or
							 referring a patient
Reprimand
$1,000
Revocation
$5,000
(11) Makes a willful misrepresentation in
							 treatment
Probation for 1 year
$1,000
Revocation
$5,000
(12) Aids an unauthorized person in the practice of
							 optometry
Reprimand
$500
Revocation
$5,000
(13) Grossly and willfully overcharges for optometric
							 services or submits a false statement to collect a fee
Probation for 1 year
$1,000
Revocation
$5,000
(14) Behaves immorally in the practice of
							 optometry
Active suspension for 1 year
$1,000
Revocation
$5,000
(15) Professional, physical, or mental
							 incompetence
Probation for 1 year
Denial of a license application or revocation
(16) Advertising in a false or misleading manner
Reprimand
$100
Active suspension for 1 year
$1,000
(17) Reciprocal discipline by an optometry board in
							 another state
Reprimand
$100
Denial of a license application or revocation
$5,000
(18) Violates any provision of Health Occupations
							 Article, Title 11, Annotated Code of Maryland, or rule or regulation adopted by
							 the Board
Reprimand
$100
Revocation
$5,000
(19) Commits an act of unprofessional conduct in the
							 practice of optometry
Reprimand
$100
Revocation
$5,000
(20) Discrimination
Reprimand
$100
Probation for 2 years
$1,000
(21) Willfully engages in conduct likely to deceive,
							 defraud, or harm the public
Reprimand
$1,000
Revocation
$5,000
(22) Knowingly fails to report suspected child abuse in
							 violation of Family Law Article, §
														5-704, Annotated Code of
							 Maryland
Reprimand
$100
Revocation
$5,000
(23) Engages in conduct which exhibits an inappropriate
							 standard of care
Probation for 1 year
$500
Revocation
$5,000
B.
				  If a licensee is found in violation of more than one category enumerated in
				  this chapter, the category or categories containing the highest maximum
				  sanction and penalty shall prevail.
C. Notwithstanding the guidelines set forth
				  in this chapter, in order to resolve a pending disciplinary action, the Board
				  and licensee may agree to a surrender of license or a consent order with terms,
				  sanction, and penalty agreed to by the Board and the licensee.
D. A departure from the guidelines set forth
				  in this chapter alone is not grounds for any hearing or appeal of a Board
				  action.