1. (1) The Board shall be entitled to deviate from the disciplinary guidelines upon a showing of aggravating or mitigating circumstances. A specific finding in the final order of mitigating or aggravating circumstances shall allow the Board to impose a penalty other than that provided for in the guidelines.

2. (2) Aggravating circumstances include:

   1. (a) Disciplinary history of previous violations of the practice act and rules promulgated thereto, other than violations adjudicated in the case being considered.
   2. (b) Disciplinary history of related violations of professional practice acts in other jurisdictions, including penalties imposed.
   3. (c) Number of counts or violations.
   4. (d) In the case of negligence or incompetence, actual harm or damage to the patient.
   5. (e) In the case of fraud or financial exploitation, the amount of economic damage to the patient(s).

3. (3) Mitigating circumstances include:

   1. (a) Lack of previous disciplinary history, as to violations not adjudicated in the case being considered.
   2. (b) Restitution of any damages suffered by a patient.
   3. (c) In cases of negligence, the minor nature and lack of harm to the patient.
   4. (d) Rehabilitative steps taken to prevent the occurrence of similar violations in the future.
   5. (e) Any other relevant mitigating factors.

Rulemaking Authority 456.073, 456.079(3), 468.1135(4) FS. Law Implemented 468.1295 FS. History–New 9-17-92, Formerly 21LL-7.005, 61F14-7.005, 59BB-7.005, Amended 3-6-02, 8-9-04.