Sec. 10.36.08.05. Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction

A. Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, the following:

(1) Mitigating Factors:

(a) The licensee’s or registrant’s lack of a prior disciplinary record;

(b) The licensee or registrant self-reported the violation to the Board;

(c) The licensee’s or registrant’s full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings;

(d) Implementation of remedial measures to correct or mitigate harm arising from the misconduct;

(e) Timely good-faith effort to make restitution or to rectify consequences of misconduct;

(f) Evidence of rehabilitation or rehabilitative potential;

(g) Absence of premeditation to commit the misconduct;

(h) Absence of potential harm to public or adverse impact; and

(i) The licensee’s or registrant’s conduct was an isolated incident and not likely to recur; and

(2) Aggravating Factors:

(a) The licensee or registrant has a previous criminal or administrative disciplinary history;

(b) The violation was committed deliberately or with gross negligence or recklessness;

(c) The violation had the potential for, or caused, serious patient or public harm;

(d) The violation was part of a pattern of detrimental conduct;

(e) The licensee or registrant was motivated to perform the violation for financial gain;

(f) The vulnerability of the patient or patients;

(g) The licensee or registrant lacked insight into the wrongfulness of the conduct;

(h) The licensee or registrant committed the violation under the guise of treatment; and

(i) Previous attempts at rehabilitation of the licensee or registrant were unsuccessful.

B. The existence of one or more of these factors does not impose on the Board or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set forth in this chapter.

C. Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors.