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;
   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 Spe 404.05.

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, as determined by:

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

   4. (4) The misconduct was not the first instance of misconduct by the licensee or certificate holder, as determined by:

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

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16