Maryland Administrative Code

.01 Scope. This chapter establishes the standards by which the Board may: A. Impose an administrative monetary penalty not exceeding $5,000 on an individual licensed under Health Occupations Article, Title 11, Annotated Code of Maryland, for an act or omission prohibited under He…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Examiners in Optometry. (2) “Licensee” means an individual licensed by the Board to practice optometry. (3) “Violation” means: (a) An act or omis…

.03 Authority to Impose an Administrative Monetary Penalty. A. After a hearing under Health Occupations Article, §11-315, Annotated Code of Maryland, and COMAR 10.28.04, the Board may impose an administrative monetary penalty of $5,000 or less on a licensee who is found to have c…

.04 Factors to be Considered in the Assessment of Penalties. In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors: A. The cost of investigating and prosecuting the case against the individual; B. The extent of ac…

.05 Payment of Penalties. A. Within 30 days of the date of the Board’s order: (1) A licensee shall pay to the Board the administrative monetary penalty imposed; or (2) A person shall pay the civil fine assessed by the Board. B. The Board shall pay into the General Fund of the Sta…

.06 Civil Fines. A. After a hearing under Health Occupations Article, §11–315, Annotated Code of Maryland, and COMAR 10.28.04, the Board may assess a civil fine not to exceed $50,000 against a person who: (1) Practices optometry without a license in violation of Health Occupation…

.01 Scope. This chapter governs all optometrists licensed by the State Board of Examiners in Optometry to practice in the State.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Examiners in Optometry. (2) “Inappropriate sexual language” means: (a) A sexualized harassing comment; (b) An eroticized or sexually provocative …

.03 General Conduct. A. The licensee shall: (1) Apprise the patient of the risks, opportunities, and obligations associated with services available to the patient; (2) Make the fee for service clear, maintain adequate financial records, and confirm arrangements for financial reim…

.04 Sexual Misconduct. A. An optometrist may not engage in sexual misconduct in the practice of optometry. B. Sexual misconduct includes, but is not limited to: (1) Sexual behavior with a client or patient in the context of a professional evaluation, treatment, procedure, or serv…

.05 Penalties. Violation of this chapter may result in the Board taking action to reprimand a licensee, place the licensee on probation, or suspend or revoke the licensee's license. The Board may also impose a penalty not exceeding $5,000.

.01 Scope. A. This chapter permits the Board to disclose investigative information to other agencies or other entities, or both, under certain circumstances. B. A custodian may disclose information in a certification, licensing, or investigative file if the custodian determines t…

.02 Disclosure for Compelling Public Purpose. The custodian may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, if the information co…

.03 Other Disclosures. This chapter does not prevent or limit the ability of the Board to disclose general licensing information as provided in General Provisions Article, §4-333, Annotated Code of Maryland, or any information which the Board may otherwise disclose by law.

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Contact lens” means a medical device of any material or power, including plano or zero-powered, that is placed directly on: (a) The cornea; or (b) The cornea and sclera. (…

.02 Sales and Dispensing of Contact Lenses. Contact lens prescriptions and contact lenses are prescribed, sold, dispensed, and otherwise regulated as stated in Health Occupations Article, §11-404.4, Annotated Code of Maryland, and any federal statute and regulations that may supe…

.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 impos…

.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…

.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,…

.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 followin…

.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 th…

.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 …

.01 Scope. A. This chapter governs procedures for disciplinary matters and hearings before the Maryland State Board of Morticians and Funeral Directors and establishes the standards for use as a guide for the imposition of disciplinary sanctions against any of the following under…

.02 Notice of Hearing. A. All interested parties shall be afforded an opportunity to be present at formal hearings. B. Written notice of the hearing shall be sent by the Secretary of the Board to all interested parties at least 30 days before the hearing. The notice shall state t…

.03 Parties and Representation. A. “Party” includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in formal hearings. Any person or agency may be admitted as a party for limited purposes. B. All parties …

.04 Prehearing Procedures. A. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following: (1) A list of witnesses…

.05 Records and Transcript. A. The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits and other memoranda or material filed in the proceeding. B. Unless waived by all parties, a stenographic record of the proceedings shall be made at th…

.06 Presiding Officer Duties. Each hearing shall be held before a quorum of the Board. The president, or in his absence a member designated by him, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, …

.07 Order of Procedure. The order in which the parties shall present their case shall be determined by the presiding officer.

.08 Examination of Witness and Introduction of Evidence. A. The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland. B. Any party may submit evidence, examine and cross-examin…

.09 Briefs. Any party may submit briefs of the issues of fact and law involved in the hearing. The briefs shall be filed in the form, with the number of copies, and at the time as the presiding officer may designate.

.10 Sanctioning Guidelines. A. General Application. (1) This regulation shall be used by the Board as a guide for sanctioning pursuant to the Board’s authority under Health Occupations Article, §§7–205, 7–316, and 7–604, Annotated Code of Maryland, for violations of the Mortician…

.11 Counsel to the Board. The presiding officer may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon that request, the counsel shall have all of the rights with regard to the submission of evidence, examination and cross-exam…

.12 Decision and Order. Every decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. A copy o…

.13 Rehearings. A. Any party aggrieved by the decision and order rendered in the particular case may apply for rehearing within 10 days after service on him of the decision and order. Action on the application shall lie in the discretion of the Board. B. Unless otherwise ordered,…

.01 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Applicant” means any individual who qualifies to take the Maryland mortician or funeral director examination. (2) “Board” means the State Board of Morticians and Funeral Directors. (3) “Ma…

.02 Scope of Examination. The Board will give a two-part examination which consists of a: A. Legal part, testing the applicant's knowledge of Maryland law and regulations governing mortuary science, including subject areas disclosed to applicants as part of a notification of the …

.03 Requirements for Examination. An applicant shall: A. Hold an apprentice license or have completed the apprenticeship requirements; B. Submit an application for examination on the required form; and C. Pay to the Board the examination fee set forth under COMAR 10.29.04.02A.

.04 Passing Score. A. A minimum passing grade of 75 percent is required on the: (1) Law examination; (2) Practical examination. B. An applicant who fails either part of the examination may retake that part of the examination one time during the next examination period without pay…

.05 Frequency of Examination. The Board shall hold an examination twice a year, in April and October.

.06 National Examination. A. Before granting a Maryland mortician or funeral director license, the Board shall require an applicant to take and pass the national examination administered by the Conference of Funeral Service Examining Boards of the United States. The national exam…

.01 Scope. The purpose and intent of this chapter is to prescribe minimum standards for new and existing funeral establishments, renovations of existing funeral establishments, restricted funeral establishments, and change of ownership of funeral establishments where the practice…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Maryland State Board of Morticians and Funeral Directors. (2) “Deficiency” means a specific failure to comply with the requirements set forth by the Board…

.03 Funeral Establishment Requirements. A. The Board shall license a funeral establishment before the funeral establishment may be used for the practice of mortuary science or funeral direction. B. The Board shall issue a funeral establishment license to a funeral establishment t…

.04 Restricted Funeral Establishment Requirements. A. The Board shall license a restricted funeral establishment before the restricted funeral establishment may be used for the practice of mortuary science or funeral direction. B. The Board shall issue a restricted funeral establ…

.05 Inspection by the Board. A. A licensed funeral establishment and a restricted funeral establishment shall be open at all reasonable times for inspection by the Board. Inspection results shall be written on forms approved by the Board. B. Each funeral establishment and restric…

.06 Establishment Inspection Report and Deficiencies. A. The Board shall review the inspection report and make a determination as to whether a deficiency exists. B. The Board shall notify the funeral establishment and the restricted funeral establishment in writing of the results…