Board cites decline in citation counts but notes higher fines under new authorities

At the June 11, 2025 Enforcement and Compounding Committee meeting, the Board received its annual report on the citation and fine program and trends in enforcement outcomes.

Anne Sodegren, executive officer, reminded the Committee that the Board uses a spectrum of tools to resolve investigations—from no further action, to education and corrections, to letters of admonishment, citations (with or without fines) and formal discipline. She said the Board does not issue a citation until staff “have evaluated the totality of the circumstances” and determined a citation is appropriate.

Sodegren presented five‑year trend data showing the number of citations issued is trending down across most categories, while the total dollar amount of fines assessed has increased. She attributed the decline in citations in part to Board education efforts (for example, on compounding changes and continuing education requirements) and said some of the increase in assessed fines reflects newer statutory authorities that permit higher maximum fines.

The presentation summarized the statutory authorities staff rely on when setting fines and noted that the law establishes maximum fines but not a required default amount. Sodegren said factors used to determine fine amounts are listed in statute and are applied at the staff level under executive officer authority. The Board retains appeal processes: licensees may request an office conference and may ultimately appeal to the Office of the Attorney General under the Administrative Procedure Act.

Sodegren reviewed citation outcomes by license type and by authority, noting that many higher‑authority fines remain pending because appeals are in process. The Board also increasingly uses orders of abatement—required corrective actions or education tied to a citation; staff reported 53 orders of abatement in the reporting period and carryover of abatement obligations from prior years.

Members asked about the average time between complaint receipt and citation issuance; Sodegren said that time has increased relative to recent years and attributed that partly to staff vacancies and leadership transitions but also to staff efforts to “norm” processes to improve consistency in outcomes. The Committee discussed the office‑conference appeal step and staff said that many citations are modified or dismissed through that process.

The presentation emphasized the Board’s continued focus on education as a pathway to compliance, and Sodegren said staff will continue outreach and efforts to normalize outcomes across similar investigations.