1. (a) The good or bad faith exhibited by the cited person.
2. (b) The nature and severity of the violation.
3. (c) Evidence that the violation was or was not willful or grossly negligent.
4. (d) History of violations of the same or similar nature.
5. (e) The extent to which the cited person has cooperated with the board or the board's investigation.
6. (f) The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by his or her violation.
7. (g) Whether the violation was related to patient care.
8. (h) Other matters as may be appropriate.

In no event shall the administrative fine be less than $50 or exceed $2,500 for each violation, or for each count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing the amount of an administrative fine, the Executive Officer shall consider the following factors:

Note: Authority cited: Sections 125.9 and 3917, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

History

1. New section filed 1-30-97; operative 3-1-97 (Register 97, No. 5).