ROBERT L. EHRLICH, JR., Governor                             Ch. 245

(i) For a first offense, a fine of not more than $2,000 or
imprisonment for not more than 2 years or both;

(ii) For a second offense, a fine of not more than $3,000 or
imprisonment for not more than 3 years or both; and

(iii) For a third or subsequent offense, a fine of not more than $4,000
or imprisonment for not more than 4 years or both.

(2)     Any person who is convicted of a violation of § 21-902(b), § 21-902(c),
or § 21-902(d) of this article and who, at the time of the offense, was transporting a
minor is subject to:

(i) For a first offense, a fine of not more than $1,000 or
imprisonment for not more than 6 months or both; and

(ii) For a second or subsequent offense, a fine of not more than
$2,000 or imprisonment for not more than 1 year or both.

(3)     For the purpose of determining second or subsequent offender
penalties provided under this subsection, a prior conviction of any provision of §
21-902 of this article that subjected a person to the penalties under this subsection
shall be considered a prior conviction.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

Approved May 13, 2003.

CHAPTER 245
(Senate Bill 387)

AN ACT concerning

Maryland Optometry Act—Replacement Contact Lenses—Clarifications and

Modifications

Department of Health and Mental Hygiene - Selling and Dispensing of

Contact Lenses and Replacement Contact Lenses

FOR the purpose of modifying certain prohibitions against selling contact leases
without a valid and unexpired replacement contact lens prescription; requiring
the Department of Health and Mental Hygiene to adopt regulations that govern
the selling and dispensing of certain contact lenses; prohibiting a person from
knowingly selling or dispensing certain contact lenses under certain
circumstances; providing that a person who violates a certain provision of law is
guilty of a misdemeanor and subject to a certain fine; specifying that certain
provisions of law do not limit the right of the State Board of Examiners in
Optometry to regulate an optometrist who knowingly sells or dispenses certain
contact lenses; providing for the construction of this Act; clarifying a certain

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