The Department 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 Department’s decision:

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

Rulemaking Authority 456.079(3), 483.901(4)(a) FS. Law Implemented 456.079(3), 483.901(4)(g) FS. History–New 7-15-99.