1. (a) The executive officer shall consider the following factors when determining the amount of an administrative fine:

   1. (1) The good or bad faith exhibited by the cited person.
   2. (2) The nature and severity of the violation.
   3. (3) Evidence that the violation was willful.
   4. (4) History of violations of the same or similar nature.
   5. (5) The extent to which the cited person has cooperated with the board.
   6. (6) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation.
   7. (7) Such other matters as justice may require.

2. (b) The executive officer may issue a citation under section 1399.570 for a violation of any of the following:

   1. (1) The Physician Assistant Practice Act (Business and Professions Code section 3500 et seq.).
   2. (2) A regulation adopted by the board.

   3. (3) Any other statute or regulation upon which the board may base a disciplinary action.

      The fine for a violation shall be from $100 to $5000.

3. (c) In his or her discretion, the executive officer may issue a citation with an order of abatement without levying a fine for the first violation of any provision set forth above.

4. (d) For the issuance of a citation that includes an administrative fine in excess of $2,500, including a citation issued pursuant to Section 1399.573, the executive officer shall determine that at least one of the following circumstances apply:

   1. (1) The citation involves a violation that presents an immediate threat to the health and safety of another person.
   2. (2) The citation involves multiple violations of the provisions specified in subdivision (b) that demonstrate a willful disregard of the law.
   3. (3) The citation involves a violation or violations perpetrated against a senior citizen, a person under 18 years of age, or disabled person.

Note: Authority cited: Sections 125.9, 148 and 3510, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 2-21-96; operative 3-22-96 (Register 96, No. 8).

2. Amendment filed 10-30-2008; operative 11-29-2008 (Register 2008, No. 44).

3. Amendment of subsection (b), repealer and new subsections (b)(1)-(3) and repealer of subsections (b)(4)-(71) filed 5-13-2010; operative 6-12-2010 (Register 2010, No. 20).

4. Change without regulatory effect amending subsections (a)(5) and (b)(2)-(3) filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32).