Sec. 10.40.11.05. Mitigating and Aggravating Factors

Depending upon 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 of the range of sanctions established by the guidelines. These factors may include, but are not limited, to the following:

A. Mitigating factors:

(1) Absence of a prior disciplinary record;

(2) The licensee having reported the violation to the Board;

(3) The licensee having voluntarily admitted violation, provided full disclosure to the Board, and cooperated during Board proceedings;

(4) The licensee having implemented remedial measures to correct or mitigate harm arising from the violation;

(5) The licensee having made a timely good-faith effort to make restitution or otherwise rectify the consequences of the violation;

(6) Evidence of rehabilitation or potential for rehabilitation;

(7) Absence of premeditation to commit the violation;

(8) Absence of potential harm to or adverse impact on the public;

(9) Isolated incident and not likely to recur; and

(10) The licensee’s prior community service and present value to the community; and

B. Aggravating factors:

(1) Previous criminal or administrative disciplinary history;

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

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

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

(5) The licensee was motivated to perform the violation by his or her financial gain;

(6) The vulnerability of the patient;

(7) The licensee attempted to conceal the violation, falsified or destroyed evidence, or presented false testimony or evidence;

(8) The licensee failed to cooperate with the Board’s investigation; and

(9) Previous attempts at rehabilitation were unsuccessful.