1. (a) In determining which sanction or combination of sanctions to impose, the board shall:

   1. (1) First determine the nature of the act or omission constituting the misconduct done by the licensee;
   2. (2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and
   3. (3) Finally, apply the standards in (c) below.

2. (b) The characteristics shall be:

   1. (1) The misconduct actually caused physical or mental harm to the patient or another person;
   2. (2) The misconduct had the potential to cause physical or mental harm to the patient or another person;

   3. (3) The misconduct repeated earlier misconduct done by the licensee, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on the same misconduct by the licensee; or
      3. c. An admission by the licensee;

   4. (4) The misconduct was not the first misconduct by the licensee, as determined by:

      1. a. An earlier hearing;
      2. b. An earlier settlement agreement predicated on misconduct by the licensee; or
      3. c. An admission by the licensee;
   5. (5) The misconduct was intentional rather than the result of negligence or inadvertence; and
   6. (6) The same kind of misconduct was the subject of an official warning previously issued pursuant to Ch 403.08.

3. (c) The board shall select appropriate sanction(s):

   1. (1) From the list in Ch 403.05(a); and

   2. (2) By choosing, in light of the characteristics determined pursuant to (b) above, the sanction most likely to:

      1. a. Protect public health and safety;
      2. b. Prevent future misconduct by the licensee;
      3. c. Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;
      4. d. Correct any attitudinal, educational, or other deficiencies which led to the licensee's misconduct;
      5. e. Encourage the responsible practice of chiropractic; and
      6. f. Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14 New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17 New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.07) (see Revision Note at chapter heading for Ch 400)