The following factors may be considered in determining the
disciplinary sanctions imposed by the board if the factors are applicable
to the factual situation alleged. The factors are not applicable in
situations involving criminal actions (in which case §281.63
of this title (relating to Considerations for Criminal Offenses) applies).
(1) Aggravation. The following may be considered as
aggravating factors so as to merit an increase in the severity of
disciplinary sanction(s) to be imposed:
(A) extent and gravity of personal, economic, or public
damage or harm;
(B) vulnerability of the patient(s);
(C) willful or reckless conduct, or as a result of
a knowingly made professional omission, as opposed to negligent conduct;
(D) pattern of misconduct that serves as a basis of
discipline;
(E) prior disciplinary action(s);
(F) attempted concealment of the conduct which serves
as a basis for disciplinary action under the Act; and
(G) violation of a board order.
(2) Extenuation and Mitigation. The following may be
considered as extenuating and mitigating factors so as to merit a
reduction in the severity of disciplinary sanction(s) to be imposed:
(A) isolated incident that serves as a basis for disciplinary
action;
(B) remorse for conduct;
(C) interim implementation of remedial measures to
correct or mitigate harm from the conduct which serves as a basis
for disciplinary action under the Act;
(D) remoteness of misconduct, when not based on delay
attributable to actions by the respondent;
(E) extent to which respondent cooperated with board
investigation;
(F) treatment and/or monitoring of an impairment;
(G) self-reported and voluntary admissions of the conduct
which serves as a basis for disciplinary action under section 565.001(a)(4)
and (7) of the Act; and
(H) if acting as pharmacist-in-charge, respondent did
not personally engage, either directly or indirectly, in the conduct
that serves as the basis for disciplinary action; did not permit or
encourage, either by professional oversight or extreme negligence,
the conduct that serves as the basis for disciplinary action; promptly
reported the conduct to the board or other state or federal regulatory
authorities or law enforcement upon identifying the conduct that serves
as the basis for disciplinary action; and took all reasonable steps
to mitigate or remediate the conduct that serves as the basis for
disciplinary action.
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| Source Note: The provisions of this §281.62 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective March 25, 2007, 32 TexReg 1508; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective December 6, 2018, 43 TexReg 7770 |
