64B18-14.003. Aggravating and Mitigating Circumstances

The Board will give consideration to aggravating and mitigating circumstances in determining the penalty to be imposed in any given case. The following factors will influence the Board’s decision:

(1) The severity of the offense;

(2) The danger to the public;

(3) The number of repetitions of the offense;

(4) The length of time since the violation when no further complaints have been made against the licensee;

(5) The number of times the licensee has been previously disciplined by the Board;

(6) The length of time the licensee has practiced without having any disciplinary action taken;

(7) The damage to a patient caused by the violation;

(8) Any efforts of rehabilitation by the licensee;

(9) The licensee’s actual knowledge of the violation;

(10) Attempts by the licensee to correct or stop the violation, or the refusal of the licensee to correct or stop the violation;

(11) Related violations by the licensee in Florida or in another jurisdiction, including findings of guilt or innocence, penalties imposed and penalties served;

(12) The degree to which the licensee was involved in the violation;

(13) The degree to which the licensee benefitted from the violation;

(14) The cost of the disciplinary action.

Specific Authority 456.079(1), 461.005, 461.013(4) FS. Law Implemented 456.079, 461.013(4) FS. History–New 1-29-80, Formerly 21T-14.03, Amended 1-7-87, Formerly 21T-14.003, 61F12-14.003, Amended 3-26-95, 2-25-96, Formerly 59Z-14.003.