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 Diet 404.06.

2. (b) The characteristics shall be:

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

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

      1. a. An earlier adjudicatory 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 adjudicatory hearing;
      2. b. An earlier settlement agreement predicated on the same misconduct by the licensee; or
      3. c. An admission by the licensee; and
   5. (5) The misconduct was intentional rather than the result of negligence or inadvertence.

Source. #14314, eff 9-9-25, EXPIRES: 9-9-35