| (a) Aggravation. In any disciplinary action, the following
may be considered as aggravating factors that warrant more severe
or restrictive action by the board. Board staff shall have the burden
to present evidence regarding any aggravating factors that may apply
in the particular case. A final order shall include a finding of fact
on each applicable aggravating factor.
(1) harm to one or more patients;
(2) the severity of patient harm;
(3) one or more violations that involve more than one
patient;
(4) economic harm to any individual or entity and the
severity of such harm;
(5) increased potential for harm to the public;
(6) attempted concealment of the act constituting a
violation;
(7) intentional, premeditated, knowing, or grossly
negligent act constituting a violation;
(8) prior similar violations;
(9) previous disciplinary action by the board, any
government agency, peer review organization, or health care entity;
(10) violation of a board order;
(11) other relevant circumstances increasing the seriousness
of the misconduct.
(b) Mitigation. In any disciplinary action, the following
may be considered as mitigating factors that warrant less severe or
restrictive action by the board. The licensee shall have the burden
to present evidence regarding any mitigating factors that may apply
in the particular case. The presence of mitigating factors does not
constitute a requirement of dismissal of a violation of the Act. A
final order shall include a finding of fact on each applicable mitigating
factor.
(1) self-reported and voluntary admissions of violation(s);
(2) implementation of remedial measures to correct
or mitigate harm from the violation(s);
(3) acknowledgment of wrongdoing and willingness to
cooperate with the board, as evidenced by acceptance of an Agreed
Order;
(4) rehabilitative potential;
(5) prior community service and present value to the
community;
(6) participation in a continuing medical education
course described in §166.2(a)(6) of this title (relating to Continuing
Medical Education) completed not more than two years before the start
of the investigation, if the physician is being investigated by the
board regarding the physician's selection of clinical care for the
treatment of tick-borne diseases;
(7) other relevant circumstances reducing the seriousness
of the misconduct; and
(8) other relevant circumstances lessening responsibility
for the misconduct.
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