1. (a) In assessing an administrative fine or issuing an order of abatement, except for violations of the Confidentiality of Medical Information Act as provided in subsection (b), the executive officer of the board shall give due consideration to the following factors:

   1. (1) The gravity of the violation.
   2. (2) The good or bad faith exhibited by the cited person.
   3. (3) The history of previous violations of the same or similar nature.
   4. (4) Evidence that the violation was or was not willful.
   5. (5) The extent to which the cited person has cooperated with the board's investigation.
   6. (6) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by the violation.
   7. (7) Any other factors as justice may require.
2. (b) In assessing an administrative fine or issuing an order of abatement for violations of the Confidentiality of Medical Information Act (commencing with section 56 of the Civil Code), the executive officer of the board shall consider the factors listed in section 56.36(d) of the Civil Code.

Note: Authority cited: Sections 125.9, 148, 149, 4980.60 and 4990.20, Business and Professions Code; and Section 56.36, Civil Code. Reference: Sections 125.9, 148 and 149, Business and Professions Code; and Section 56.36, Civil Code.

History

1. New section filed 1-17-97; operative 2-16-97 (Register 97, No. 3).

2. Amendment of Note filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 21).

3. Change without regulatory effect amending Note filed 3-21-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 12).

4. Amendment of section and Note filed 10-9-2024; operative 1-1-2025 (Register 2024, No. 41).