Sec. 10.26.04.12. Imposition of Penalties

A. The Board may impose a civil monetary penalty instead of or in addition to a disciplinary sanction authorized by Health Occupations Article, §1A-309, Annotated Code of Maryland.

B. Practicing on an Expired License.

(1) The Board may impose a civil fine against an acupuncturist who practices acupuncture on an expired license in the amount of $100 per day not to exceed $5,000.

(2) The Board may not impose a fine under §B(1) of this regulation against an acupuncturist for practicing acupuncture on an expired license if the acupuncturist’s license is reinstated within 30 calendar days of the expiration date of the license and the licensee complies with COMAR 10.26.02.05D.

C. Practicing Without a License or Misrepresentation.

(1) The Board may impose a civil fine of no less than $5,000 and no more than $50,000 against an individual who practices acupuncture without a license or represents to the public, by description of services, methods, or procedures, or otherwise, that the individual is authorized to practice acupuncture in this State.

(2) Factors determining the amount of the fine include, but are not limited to, the following:

(a) The extent to which the individual derived any financial benefit from the unauthorized practice;

(b) The willfulness of the unauthorized practice;

(c) Actual or potential harm caused by the unauthorized practice;

(d) The length of time in which the individual engaged in the unauthorized practice; and

(e) The cost of any Board investigation.