1. (a) To determine which sanction or combination of sanctions to impose, the executive director shall:

   1. (1) Refer to the list in Plc 1311.03 to determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee;
   2. (2) Determine whether any aggravating or mitigating circumstances are present, as provided in (b) and (c), below; and
   3. (3) Apply the standards in Plc 1311.07.

2. (b) The following shall be considered aggravating circumstances:

   1. (1) The rule or statute violated was clear as to what was required or prohibited;
   2. (2) The respondent has a record of disciplinary sanctions being imposed;
   3. (3) The respondent committed the misconduct intentionally or recklessly;
   4. (4) The respondent did not cooperate during the investigation and adjudicative proceeding; and
   5. (5) The misconduct caused actual harm or posed a material threat of harm to patients, colleagues, or the public.

3. (c) The following shall be considered mitigating circumstances:

   1. (1) The respondent does not have a record of prior discipline;
   2. (2) The respondent committed the misconduct negligently or inadvertently;
   3. (3) The respondent cooperated fully during the investigation and adjudicative proceeding;
   4. (4) The respondent acknowledged that the identified actions constituted violations; and
   5. (5) The rule or statute violated was arguably unclear.

Source. (See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23