In addition to any other considerations permitted by the Ophthalmic Dispensing Act, Arkansas Code § 17-89-101 et seq., if applicable, the Arkansas Board of Dispensing Opticians in imposing any sanction may consider the following:

1. (1) The nature and degree of the misconduct for which the licensee is being sanctioned;
2. (2) The seriousness and circumstances surrounding this misconduct;
3. (3) The loss or damage to clients or others;
4. (4) The assurance that those who seek similar professional services in the future will be protected from the type of misconduct found;
5. (5) The profit to the licensee;
6. (6) The avoidance of repetition;

7. (7) Whether the conduct was:

   1. (A) Deliberate;
   2. (B) Intentional; or
   3. (C) Negligent;
8. (8) The deterrent effect on others;
9. (9) The conduct of the individual during the course of the disciplinary proceeding;
10. (10) The professional’s prior disciplinary record, including warnings; and
11. (11) Matters offered by the professional in mitigation or extenuation, except that a claim of disability or impairment resulting from the use of alcohol or drugs may not be considered unless the professional demonstrates that he or she is successfully pursuing in good faith a program of recovery.