30 Miss. Code. R. 2901-5.5 - Administrative Fines and Penalties

(a) In accordance with Section 73-19-43 of the Act, penalties may be assessed for violations of the Act or rule or order of the board.

(b) The amount of the penalty shall include, but not be limited to:

(1) the seriousness of the violation, including nature, circumstances, extent and gravity of any prohibited act, and hazard or potential hazard created to the health, safety, or economic welfare of the public;

(2) the economic harm to property or the environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(c) Penalties imposed by the board pursuant to subsections (a) and (b) of this section may be imposed for each violation subject to the following limitations:

(1) imposition of an administrative penalty not to exceed the limits set forth in Section 73-19-43 of the Act.

(2) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.

(d) Performance of any primary eye care procedures of administration without certification or credential may be grounds for license suspension or revocation. All Primary eyecare procedures or administration will be performed within the floorplan filed with the Board office and include a previously established doctor-patient relationship or the inclusion of such unless under emergency circumstances.

Notes

30 Miss. Code. R. 2901-5.5

Miss Code Ann. § 73-19-23; § 73-19-43(c)

Amended 11/21/2022