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. (1) The severity of the offense;
2. (2) The danger to the public;
3. (3) The number of repetitions of the offense;
4. (4) The length of time since the violation when no further complaints have been made against the licensee;
5. (5) The number of times the licensee has been previously disciplined by the Board;
6. (6) The length of time the licensee has practiced without having any disciplinary action taken;
7. (7) The damage to a patient caused by the violation;
8. (8) Any efforts of rehabilitation by the licensee;
9. (9) The licensee’s actual knowledge of the violation;
10. (10) Attempts by the licensee to correct or stop the violation, or the refusal of the licensee to correct or stop the violation;
11. (11) Related violations by the licensee in Florida or in another jurisdiction, including findings of guilt or innocence, penalties imposed and penalties served;
12. (12) The degree to which the licensee was involved in the violation;
13. (13) The degree to which the licensee benefitted from the violation;
14. (14) The cost of the disciplinary action.

Rulemaking Authority 456.079(3), 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.