Md. Code Regs. 10.28.04.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.28.04.08 - Probation and Violation of Probation Proceedings

A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board deems appropriate, including:

(1) Re-education or completion of approved courses;

(2) Payment of a fine;

(3) Providing free optometric services in a Board-approved program;

(4) Practicing under supervision;

(5) Monitoring by the Board or by an individual or entity approved by the Board with periodic reporting to the Board;

(6) Periodic review of a licensee's clinical practices or billing;

(7) Periodic audits of a licensee's billing practices;

(8) An examination by a physician or other appropriate health care provider;

(9) Limitation of the licensee's practice;

(10) Obtaining a passing score on an appropriate examination; or

(11) Any other condition the Board deems appropriate for the rehabilitation or retraining of a licensee.

B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.

C. A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when the:

(1) Specific period of time has passed; or

(2) Licensee has successfully completed the conditions or acts required for termination.

D. If, at any time, the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall:

(1) Charge the licensee with a violation of probation;

(2) Take any action provided for in the final order or consent order in the event of a violation of probation, including suspension of the license;

(3) Consider a summary suspension of the license; or

(4) Take any other action the Board deems appropriate and which the Board is authorized to take by law.

E. Charges for Violation of Probation.

(1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.

(2) The charging document for a violation of probation shall:

(a) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated;

(b) Allege facts that constitute a basis for a violation of probation; and

(c) Notify the respondent of any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time and the consequences of failing to appear for those proceedings or to request a hearing.

(3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.

F. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .06B of this chapter.

G. If the Board determines that the respondent has violated probation, the Board shall:

(1) Take any action provided for in the consent order or final order in the event of a violation of probation;

(2) Impose additional conditions of probation; or

(3) Impose any sanction or take any other action that the Board deems appropriate and is authorized to take by law.

Md. Code Regs. 10.28.04.08

Regulations .08 adopted effective September 3, 2001 (28:17 Md. R. 1556)