1. (a) Aggravation. The following may be considered as aggravating factors so as to merit more severe or more restrictive action by the board:

   1. (1) patient harm and the severity of patient harm;
   2. (2) economic harm to any individual, entity, or the environment, and the severity of such harm;
   3. (3) increased potential for harm to the public;
   4. (4) attempted concealment of the conduct which serves as a basis for disciplinary action under the Act;
   5. (5) premeditated conduct which serves as a basis for disciplinary action under the Act;
   6. (6) intentional conduct which serves as a basis for disciplinary action under the Act;
   7. (7) motive for conduct which serves as a basis for disciplinary action under the Act;
   8. (8) prior conduct of a similar or related nature;
   9. (9) disciplinary actions taken by any regulatory agency of the federal government or any state;
   10. (10) prior written warnings or written admonishments from any government agency or official regarding statutes or regulations pertaining to the conduct which serves as a basis for disciplinary action under the Act;
   11. (11) violation of a board order;
   12. (12) failure to implement remedial measures to correct or mitigate harm from the conduct which serves as a basis for disciplinary action under the Act;
   13. (13) lack of rehabilitative potential or likelihood for future conduct of a similar nature;
   14. (14) relevant circumstances increasing the seriousness of the conduct which serves as a basis for disciplinary action under the Act; and
   15. (15) circumstances indicating intoxication due to ingestion of alcohol and/or drugs.

2. (b) Extenuation and Mitigation. The following may be considered as extenuating and mitigating factors so as to merit less severe or less restrictive action by the board:

   1. (1) absence of patient harm;
   2. (2) absence of economic harm to any individual or entity;
   3. (3) absence of potential harm to the public;
   4. (4) self-reported and voluntary admissions of the conduct which serves as a basis for disciplinary action under the Act;
   5. (5) absence of premeditation to commit the conduct which serves as a basis for disciplinary action under the Act;
   6. (6) absence of intent to commit the conduct which serves as a basis for disciplinary action under the Act;
   7. (7) motive;
   8. (8) absence of prior conduct of a similar or related nature;
   9. (9) absence of a disciplinary actions taken by any regulatory agency of the federal government or any state;
   10. (10) implementation of remedial measures to correct or mitigate harm from the conduct which serves as a basis for disciplinary action under the Act;
   11. (11) rehabilitative potential;
   12. (12) prior community service and present value to the community;
   13. (13) relevant circumstances reducing the seriousness of the conduct which serves as a basis for disciplinary action under the Act;
   14. (14) relevant circumstances lessening responsibility for the conduct which serves as a basis for disciplinary action under the Act; and
   15. (15) treatment and/or monitoring of an impairment.

Source Note:The provisions of this §281.62 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective March 25, 2007, 32 TexReg 1508.